prod.liab.rep.(cch)p 10,856 Peter R. Briney v. Sears, Roebuck & Company

782 F.2d 585, 1986 U.S. App. LEXIS 21513
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 28, 1986
Docket84-3874
StatusPublished
Cited by30 cases

This text of 782 F.2d 585 (prod.liab.rep.(cch)p 10,856 Peter R. Briney v. Sears, Roebuck & Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
prod.liab.rep.(cch)p 10,856 Peter R. Briney v. Sears, Roebuck & Company, 782 F.2d 585, 1986 U.S. App. LEXIS 21513 (6th Cir. 1986).

Opinions

CONTIE, Circuit Judge.

Plaintiffs Peter and Carolyn Briney, in this products liability action, appeal from the district court’s order granting defendants' motions for directed verdict on two design defect claims and from the jury’s adverse judgment on the remaining failure to warn and instruct claim, asserting various flaws in the jury instructions. For the reasons set forth below, we reverse in part and affirm in part.

I.

In 1977 Peter Briney purchased a Sears Craftsman 10-inch electric table saw which was manufactured by Emerson Electric Company (Emerson) and marketed by Sears, Roebuck & Company (Sears). The table saw was accompanied by an Owner’s Manual which contained assembly, operation, repair and general safety instructions. Briney testified that he assembled the saw according to the Manual’s directions and had referred to the Manual on other occasions.

On November 23,1980, Briney was using the table saw to make a combination mailbox and planter. In order to complete this project, Briney determined that it would be necessary to make a relatively complex cut known as a compound mitre cut. A compound mitre cut is a combination of a bevel cut and a mitre cut. This means that the saw blade is tilted at an angle other than being perpendicular to the table — the blade is therefore beveled — , and that the workpiece itself is pushed toward the blade at an angle other than 90 degrees, which is a mitre cut. Although the Owner’s Manual contains illustrations of a bevel cut and a mitre cut, it does not contain one for a compound mitre cut. The instructions state that for a bevel cut, the workpiece should be pushed toward the blade from the right side of the blade.1 The mitre cut illustration has the workpiece on the left side of the blade. The only description of a compound mitre cut is the definition which states that it is a combination of a mitre and a bevel cut.

To complete this compound mitre cut, Briney decided to work on the left-hand side of the blade. He discovered that when he pushed the wood close to the blade, the blade guard “interfered” with — came into contact with — the rotating blade, damaging the guard and preventing him from completing this cut. Briney then removed the entire blade guard assembly.2 After removing the guard assembly, Briney completed one cut without incident. On the next cut, however, which was either a straight bevel cut or a compound mitre cut,3 the workpiece and Briney’s left hand [587]*587were pulled into the blade and he sustained serious injuries.

Peter and his wife Carolyn filed a suit against Emerson and Sears for personal injuries and loss of consortium in the United States District Court for the Northern District of Ohio pursuant to diversity jurisdiction. Design defect claims were based on both strict liability and negligence theories. The remaining claim was based on a theory of failure to warn and failure to instruct. The case was tried before a jury, but after hearing all the evidence the district court granted both Sears’ and Emerson’s motions for directed verdict with respect to the design defect claims, as well as Sears’ motion for directed verdict on the negligent failure to warn and instruct claim. On the remaining claim against Emerson, the jury returned a verdict against the Brineys.

The appellants argue that the district com*t erred in directing a verdict against them on the design defect claims. They also contend that the jury verdict must be set aside because of various jury instruction errors.

II.

When exercising diversity jurisdiction, a federal district court must apply the forum state’s standard for directed verdict since the federal rule governing directed verdicts, Fed.R.Civ.P. 50(a), does not specify a standard for granting or denying such a motion. Arms v. State Farm Fire & Casualty Co., 731 F.2d 1245, 1248 (6th Cir.1984). Appellate courts apply the same standard when reviewing a lower court’s grant of a directed verdict motion. Hersch v. United States, 719 F.2d 873, 877 (6th Cir.1983).

In Ohio, the civil rule governing the standard for granting a directed verdict motion states in full:

When a motion for a directed verdict has been properly made, and the trial court, after construing the evidence most strongly in favor of the party against whom the motion is directed, finds that upon any determinative issue reasonable minds could come to but one conclusion upon the evidence submitted and that conclusion is adverse to such party, the court shall sustain the motion and direct a verdict for the moving party as to that issue.

Ohio R.Civ.P. 50(A)(4) (emphasis added). In determining whether reasonable minds can reach but one conclusion, .the court cannot “consider the weight of the evidence nor the credibility of the witnesses in disposing of a directed verdict motion.” Strother v. Hutchinson, 67 Ohio St.2d 282, 284, 423 N.E.2d 467 (1981) (per curiam). In order to avoid an adverse directed verdict ruling, a plaintiff must have produced evidence which supports “every element essential to establish liability, or produce evidence of a fact upon which a resonable inference may be predicated to support such element.” Id. at 285, 423 N.E.2d 467.

Therefore, this court must determine, when viewing the evidence in the light most favorable to the appellants, whether they presented some evidence on every element of a negligent design claim and strict liability in design claim or whether reasonable minds could reach only the opposite conclusion.

A.

A defective design claim premised on a negligence theory has three basic elements: (1) duty to design against reasonably foreseeable hazards; (2) breach of that duty; and (3) injury, which was proximately caused by the breach. Menifee v. Ohio Welding Products, Inc., 15 Ohio St.3d 75, 77, 472 N.E.2d 707 (1984). A product need not be “accident or foolproof, but safe for the use for which it was intended.” Gossett v. Chrysler Corp., 359 F.2d 84, 87 (6th Cir.1966). See also Temple v. Wean United, Inc., 50 Ohio St.2d 317, 326, 364 N.E.2d 267 (1977); Sours v. General Motors Corp., 717 F.2d 1511,1517 (6th [588]*588Cir.1983). In the instant case, it is necessary to determine whether the plaintiffs produced evidence that Peter Briney was injured as a result of Emerson’s failure to design against a reasonably foreseeable hazard. The test for determining whether a particular hazard is foreseeable, is “whether a reasonably prudent person would have anticipated that an injury was likely to result from the performance or nonperformance of an act.” Menifee, 15 Ohio St.3d at 77, 364 N.E.2d 267.

Appellants’ key witness was Simon Tamny, a mechanical engineer. Mr. Tamny had examined the table saw’s design and was asked to opine as to the causes of Peter Briney’s accident and how it might have been prevented through design changes.

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782 F.2d 585, 1986 U.S. App. LEXIS 21513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prodliabrepcchp-10856-peter-r-briney-v-sears-roebuck-company-ca6-1986.