Home/Supreme Court of Iowa/Nichols v. Westfield Industries, Ltd.

Nichols v. Westfield Industries, Ltd.

380 N.W.2d 392, 1985 Iowa Sup. LEXIS 1184
CourtSupreme Court of Iowa
DecidedNovember 13, 1985
Docket84-1417
StatusPublished
Cited by39 cases

This text of 380 N.W.2d 392 (Nichols v. Westfield Industries, Ltd.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nichols v. Westfield Industries, Ltd., 380 N.W.2d 392, 1985 Iowa Sup. LEXIS 1184 (iowa 1985).

Opinions

CARTER, Justice.

Defendants appeal from judgment for plaintiff in a personal injury action alleging theories of strict liability and negligence. All defendants assert on appeal that they were entitled to directed verdicts following trial. Defendants Van Zetten Implement Company and Greg Guiter also claim that the trial court erred in instructions to the jury. We affirm in part and reverse in part.

Plaintiff sustained injuries, including partial amputation of his foot, while unloading grain for his employer, Chillicothe Grain & Livestock Company, on June 16, 1980. He was using a fifty-one foot long auger to transfer corn from a steel bin to a wagon. He slipped from a ledge above the auger, and the resulting fall plunged his foot between the protective bars surrounding the auger and into the revolving auger bit. Defendant Westfield Industries, Ltd. manufactured the grain auger involved in plaintiff’s accident in 1974. It was equipped with a removable mesh safety shield. The diameter of the auger was approximately seven inches, and it fit within an eight-inch sleeve. When the shield is not attached, the auger is encased within a framework of metal bars spaced approximately three and one-third inches apart. When the safety shield is attached, it keeps persons and objects at a somewhat greater distance from the auger bit than the protective bars. It serves to superimpose a grid framework over the protective bars with openings approximately two and three quarters inches by three inches. The photographs shown below were used in evidence at the trial and depict the auger as it appears both with and without the safety shield.

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Bluebook (online)
380 N.W.2d 392, 1985 Iowa Sup. LEXIS 1184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-westfield-industries-ltd-iowa-1985.