Young v. E W Bliss Co.

343 N.W.2d 553, 130 Mich. App. 363
CourtMichigan Court of Appeals
DecidedNovember 8, 1983
DocketDocket 63112
StatusPublished
Cited by17 cases

This text of 343 N.W.2d 553 (Young v. E W Bliss Co.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. E W Bliss Co., 343 N.W.2d 553, 130 Mich. App. 363 (Mich. Ct. App. 1983).

Opinions

Per Curiam.

On October 2, 1978, plaintiff was severely injured during the course of his employment with Garrett Tool & Engineering (Garrett) when his right arm was crushed in a press manufactured by defendant, requiring amputation of a portion of his right arm. Defendant appeals as of [366]*366right from a jury verdict rendered in favor of plaintiff in the amount of $1,000,000.

The power press used by plaintiff was manufactured in 1955 by defendant. At the time the press was sold to Garrett, the press had four control buttons mounted on the press approximately five feet above the floor, consisting of two run buttons, one jog button and one stop button. At some unspecified time after the press was sold, the controls were removed from their location on the press to a T-stand or pedestal control panel, which was manufactured by Mackworth Rees.

Plaintiff was in the process of die-setting at the time the accident occurred. While the power was on, plaintiff removed an old die with the help of a forklift operator and was attempting to hand load a new die when he inadvertently leaned his body over the T-stand, pressing the jog button and thereby activating the ram which descended and crushed his arm.

Plaintiff’s complaint against defendant alleged negligence and breach of implied warranty in failing to equip the press with adequate safety devices, i.e., dual jog buttons, and failing to warn press operators of the potential dangers inherent in its use, i.e., to turn the power off when die-setting and the dangers of placing arms in the die-space.

Prior to trial, plaintiff made a motion in limine to exclude any references to evidence that plaintiff was comparatively negligent, arguing that evidence of plaintiff’s negligence was inadmissible in an action based on inadequate safety devices. Defendant argued that under Placek v Sterling Heights, 405 Mich 638; 275 NW2d 511 (1979), and the products liability statute, MCL 600.2945 et seq.; MSA 27A.2945 et seq., comparative negli[367]*367gence was an appropriate defense and that the "safety device” doctrine was not factually applicable in this case. Defendant further urged the court to submit the issue of comparative negligence to the jury and later resolve legal questions regarding the effect to be given a jury finding of comparative negligence. The trial court granted plaintiffs motion and precluded defendant from arguing in any manner concerning plaintiffs comparative negligence.

At the close of proofs, defendant moved for a directed verdict claiming that plaintiff failed to present a prima facie case under either the negligence or the breach of implied warranty theories. The trial court denied defendant’s motion finding there were several questions of fact. Defendant further requested that a comparative negligence instruction be given, arguing that the evidence was sufficient to permit such instruction. The trial court reiterated its earlier ruling regarding the inapplicability of comparative negligence and denied defendant’s request.

In granting plaintiffs motion in limine to exclude any mention of the comparative negligence of plaintiff before the jury, the trial court relied on Tulkku v Mackworth Rees Div of Avis Industries, Inc, 406 Mich 615; 281 NW2d 291 (1979), in which the Supreme Court held that a plaintiffs recovery could not be reduced because of his own negligence if the liability of the defendant arose from a failure to provide adequate safety devices in the work place.

About six months after trial, but while this case was pending on appeal, the Supreme Court decided Hardy v Monsanto Enviro-Chem Systems, Inc, 414 Mich 29; 323 NW2d 270 (1982), which effectively overruled the Court’s prior decisions in Tulkku [368]*368and Funk v General Motors Corp, 392 Mich 91; 220 NW2d 641 (1974).

In the recent case of Brown v Unit Products Corp (On Remand), 123 Mich App 157; 333 NW2d 204 (1983), Judge, now Justice, Cavanagh explained the Hardy decision:

"In Hardy, the Supreme Court was faced with the issue of whether the defense of comparative negligence was available when a worker alleged negligence in the failure of his or her employer to provide adequate safety devices on the job. The Court concluded that the public policy of promoting safety in the workplace would be enhanced by the application of the principles of comparative negligence. 414 Mich 39. The Court based its conclusion upon two principal considerations: (1) if a worker is charged with some responsibility for his or her own safety-related behavior, it will give him or her a financial incentive to act in a reasonable and prudent fashion; and (2) application of comparative negligence will reward safety-conscious employers, who should not be held liable for damages in excess of the amount causally related to any negligence on their part. 414 Mich 41. The Court repeated its conclusion in Placek, supra:

"' "What pure comparative negligence does is hold a person fully responsible for his or her acts and to the full extent to which they cause injury. That is justice.” 405 Mich 661.’ 414 Mich 45.” Brown, supra, 159-160.

Panels of this Court have applied the Hardy decision to cases pending on appeal at the time it was issued. See Thon v Saginaw Paint Mfg Co, 120 Mich App 745, 748; 327 NW2d 551 (1982); Phardel v Michigan, 120 Mich App 806, 814; 328 NW2d 108 (1982).

Because defendant properly preserved the issue of comparative negligence at the trial court level, the Hardy decision should likewise be applicable in this case which was also pending on appeal [369]*369when Hardy was issued. In light of Hardy, defendant is entitled to a new trial where the question of plaintiffs comparative negligence can be brought before the jury.

Although not finding further error requiring reversal, we also address defendant’s additional allegations of error.

A defendant is entitled to a directed verdict where a plaintiff has failed to establish a prima facie case. In determining a motion for a directed verdict, the evidence must be viewed in a light most favorable to the nonmoving party. Beals v Walker, 416 Mich 469, 480; 331 NW2d 700 (1982); Caldwell v Fox, 394 Mich 401, 407; 231 NW2d 46 (1975).

At the close of proofs, defendant moved for a directed verdict arguing that plaintiff failed to establish a prima facie case under the negligence or the breach of implied warranty theories. The trial court denied defendant’s motion, ruling that the evidence raised several questions of fact so as to avoid a directed verdict.

The court properly denied defendant’s motion for a directed verdict. Testimony by expert witnesses from both parties conflicted as to the reasonableness of the original design and its causal connection, if any, to the accident.

Although defendant contends that the subsequent modification to its press in relocating the jog button to a T-stand pedestal mount was the proximate cause of the accident, whether such a modification was reasonably foreseeable created a jury question. The courts of this state have held that whether an intervening negligent act of a third person constitutes a superseding proximate cause is a question for the jury to decide. See Comstock v General Motors Corp, 358 Mich 163, 178-179; 99

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Young v. E W Bliss Co.
343 N.W.2d 553 (Michigan Court of Appeals, 1983)

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Bluebook (online)
343 N.W.2d 553, 130 Mich. App. 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-e-w-bliss-co-michctapp-1983.