Takach v. B. M. Root Co.

420 A.2d 1084, 279 Pa. Super. 167, 1980 Pa. Super. LEXIS 2658
CourtSuperior Court of Pennsylvania
DecidedJune 6, 1980
Docket2282
StatusPublished
Cited by36 cases

This text of 420 A.2d 1084 (Takach v. B. M. Root Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Takach v. B. M. Root Co., 420 A.2d 1084, 279 Pa. Super. 167, 1980 Pa. Super. LEXIS 2658 (Pa. Ct. App. 1980).

Opinions

SPAETH, Judge:

This is a products liability case. The principal issue is whether the defendant should be granted a new trial.

Thomas Takach, an employee for Eastern Wood Products Company, operated a machine that bored holes into wooden pallets manufactured by his employer. The procedure in operating the machine was as follows: First, the operator placed a pallet on a hydraulically-operated table. Then, he pressed a footswitch to raise the table to meet the drills, which bored holes in the pallets. The drilling spindles ran continuously during the operation. Once the pallet was drilled, the table automatically returned to starting level. The operator then took the pallet off the table and placed it on a pile to one side of the machine. On March 24, 1972, Takach was working at one of these machines. He took a drilled pallet off the table, turned to his left, and caught the glove of his left hand in one of the drills. The glove flew off, taking with it part of his left thumb.

Takach filed a complaint against B.M. Root Company, manufacturer of the boring unit (rail frame, drive shaft and spindles), alleging strict liability, as stated in the Restatement (Second) of Torts § 402A, breach of warranty, negligence, and gross negligence. Root joined Eastern Wood Products as additional defendant, alleging that in installing the boring unit supplied it by Root, Eastern Wood had been [169]*169negligent in that it had left the drills in the unit exposed and unguarded. As against Takach, Root pleaded the defense of assumption of risk, and Eastern Wood pleaded the defense of contributory negligence, both defenses being based on Takach’s use of gloves while working at the machine. The jury, by special verdict, found Root and Eastern Wood liable, and found that Takach neither assumed the risk nor acted with contributory negligence by wearing gloves. Root filed a motion for judgment n. o. v. or new trial. The lower court denied the motion, and Root has appealed.

Root argues that the trial judge erred in charging the jury on Root’s defense of assumption of risk, in particular, in telling the jury that it should not find that Takach had assumed the risk of the accident unless it found that the accident would not have happened but for his use of the gloves.

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Bluebook (online)
420 A.2d 1084, 279 Pa. Super. 167, 1980 Pa. Super. LEXIS 2658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/takach-v-b-m-root-co-pasuperct-1980.