Home/South Dakota Supreme Court/Smith v. Smith

Smith v. Smith

278 N.W.2d 155, 1979 S.D. LEXIS 209
CourtSouth Dakota Supreme Court
DecidedApril 12, 1979
Docket12276
StatusPublished
Cited by62 cases

This text of 278 N.W.2d 155 (Smith v. Smith) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Smith, 278 N.W.2d 155, 1979 S.D. LEXIS 209 (S.D. 1979).

Opinions

BRAITHWAITE, Circuit Judge.

This is a products liability case arising out of personal injuries suffered by John Duane Smith (employee) when the fingers and thumb of his left hand were amputated by the blade of a band saw which was manufactured by defendant Aurora Industries (Aurora), distributed by defendant Bernard Dodd, Inc. (Dodd) and owned by his employer, defendant A. Kenneth Smith (employer).1

STATEMENT OF FACTS

Employee was hired by employer as a farm laborer. He was twenty-three years of age at the time of the accident and had lived and worked on farms all of his life. He was familiar with, and had operated, various kinds of equipment and machinery while working on his father’s farm and for employer. The band saw involved in this case is shown in the photograph below. The saw blade (A) was made of steel and mounted on two wheels (B), which turned by a slow-speed motor and gears. On both sides of the cutting area (C), there were rollers which acted as guides for the blade. The blade itself and the guides are adjustable and require adjustment from time to time. The blade was changeable and the record indicates that the blade had been changed a few weeks prior to the accident. The saw also had a guard (D) over a portion of the blade.

[157]*157

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Bluebook (online)
278 N.W.2d 155, 1979 S.D. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-sd-1979.