Woods v. Graham Engineering Corp.

539 N.E.2d 316, 183 Ill. App. 3d 337, 132 Ill. Dec. 6, 1989 Ill. App. LEXIS 721
CourtAppellate Court of Illinois
DecidedMay 17, 1989
Docket2-88-0564
StatusPublished
Cited by19 cases

This text of 539 N.E.2d 316 (Woods v. Graham Engineering Corp.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woods v. Graham Engineering Corp., 539 N.E.2d 316, 183 Ill. App. 3d 337, 132 Ill. Dec. 6, 1989 Ill. App. LEXIS 721 (Ill. Ct. App. 1989).

Opinion

JUSTICE INGLIS

delivered the opinion of the court:

This is a products liability action which arises out of an industrial accident wherein plaintiff, Robert W. Woods, had his hand injured in a plastic injection blow molding machine manufactured by defendant, Graham Engineering Corp. (Graham). The jury rendered a verdict for plaintiff upon which the trial court entered a judgment in the amount of $215,000. Graham appeals.

On appeal Graham contends (1) that it is not liable because an alteration made by plaintiff’s employer, American Can Company, was the cause of the injury; (2) that American Can’s removal of safety devices on the machine was unforeseeable as a matter of law; (3) that the trial court erred in its ruling relative to jury selection and conduct; (4) that the trial court erred with regard to certain rulings concerning jury instructions; and (5) that the trial court erred in striking defendant’s third affirmative defense requesting a setoff. We reverse.

Plaintiff, Robert W. Woods, was injured while operating a machine system which made plastic bottles. Part of the system, known as a “Graham wheel,” was manufactured by defendant Graham.

The Graham wheel contains 12 molds. Each mold has two halves. The molds revolve clockwise similar to a Ferris wheel. As the wheel rotates, the molds open and close. At the 9 o’clock position the mold is open. At that point, melted plastic, called parison, is injected into the mold through a machine known as an extruder. The mold then closes upon the parison, and the mold is entirely closed at the 12 o’clock position. The mold starts to open at the 5 o’clock position, and the molded product, a bottle, is ejected onto a conveyor at the 6 o’clock position. When the mold is fully open there is about 1 to V-k feet between the two halves.

According to plaintiff, just prior to his injury, he observed a bottle stuck in a mold. He watched for a period of time and then put his legs over the frame and sat on the frame. As the stuck bottle came around, plaintiff reached in and attempted to remove it at about the 6 o’clock position. Plaintiff tried yanking the bottle, but it would not come out. When the mold came around again, plaintiff again attempted to remove the bottle. On this occasion, the mold closed on plaintiff’s hand and then opened back up.

Part of the wheel’s design includes a cam with a large opening. There was testimony that if a product did not come out at the 6 o’clock position and more parison was injected into the mold, the mold would not completely close. However, even in this state there would be a time near the 5:30 o’clock position where the mold would close. This closure would occur due to the way a rod on the mold tracks the cam. There was also testimony that there was no such thing as a jam-free machine.

Ordinarily the Graham wheel is a component part of the Graham blow molding system, which consists of three major components: an extruder, which is the source of the plastic, the Graham wheel, and a conveyor belt to remove the product. As designed, an operator-access doorway to the wheel is provided at the front of the wheel between the extruder and the wheel. The doorway is electronically interlocked with limit switches such that if the doors to the access are opened or not in place, the limit switches shut off the wheel.

The rear of the wheel, where plaintiff accessed the mold, is guarded by perimeter steel mesh guards bolted to the frame. There is, however, an opening left at the side of the wheel to accommodate a conveyor. The guards on the wheel contain the following warning: “DO NOT OPERATE WITHOUT THE GUARDS IN PLACE.” A manual provided with the machine contains the following warning:

“This machine, designed to rotate in order to perform its task, is potentially dangerous, and can cause injury, if the operator becomes negligent or is not properly trained. It must be stressed that every precaution must be taken when making adjustments to the machine while running. Warning signs are affixed to the machine at various points. These must not be removed at any time for any reason!” (Emphasis in original.)

The complete system was offered to American Gan. However, American Can only purchased the wheel and used a conveyor built by another manufacturer and an extruder designed and built by itself. At the time of the sale, Graham knew that the extruder being used by American Can was larger than the one that Graham sold with the wheel and that the larger extruder would require modifications to the front of the machine and the front entry. Graham also knew the only way to enter the molder with American Can’s extruder was to take the doors off altogether, but the exact details were a secret and not revealed to Graham.

There was testimony by Matt Branock, an employee of American Can, that development of American Can’s extruder was a secret and a major breakthrough in plastic-molding process. Branock testified that American Can never wanted its competitors to know what was going on inside its facilities and that Graham is a competitor. American Can therefore kept details of the extruder secret.

As the wheel was delivered, the doors were left off. Graham, however, left the limit switches in place so that American Can could attach doors of its own. The wheel, as shipped, also contained the guards in the back.

American Can’s extruder blocked the front or right access doorway of the wheel. American Can engineers designed their own access by building a platform on top of the extruder such that an operator could stand on the platform above the extruder in order to access the wheel for purposes of removing a stuck product. It was intended by American Can that an operator would use a stick and knock the stuck product out while standing on this platform while the wheel was in the 6 to 9 o’clock positions.

American Can took the interlocks off the access doorway and removed the fixed perimeter guards on the sides and rear of the wheel. The guards had been cut off with a torch or cutting tool. Further evidence showed that removal of the interlock would have to be done by an electrician who would have to remove the interlocks located at the top of the access doorway on the extruder side only after getting up on a ladder. After removing the interlocks, the electrician would then have to deactivate the control panel where the switch was in contact. To remove the fixed guards from the rear, a hand wrench could be used.

At the time of plaintiff’s injury, the wheel was under the control of a research and development team from American Can that was responsible for setting up the entire system. During this time, engineers customarily worked with a lot of safeguards not in place.

There was testimony by Robert E. Tarosky, an expert for plaintiff, that it could be anticipated that the exterior guards would be removed during times when there was a high frequency of bottles sticking in the molds and that the guards would then be left off.

Norris Yonker, an expert for defendant, testified that it was foreseeable that the guards could be removed, but not by an operator.

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Cite This Page — Counsel Stack

Bluebook (online)
539 N.E.2d 316, 183 Ill. App. 3d 337, 132 Ill. Dec. 6, 1989 Ill. App. LEXIS 721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-graham-engineering-corp-illappct-1989.