Minnesota Supreme Court, 1986 Minnesota Supreme Court holds that a press manufacturer whose removable safety guard must be detached for maintenance has a duty to warn operators of the danger of operating the machine without the guard reattached.

Minnesota Supreme Court holds that a press manufacturer whose removable safety guard must be detached for maintenance has a duty to warn operators of the danger of operating the machine without the guard reattached.

Germann v. F.L. Smithe Machine Co.
Minnesota Supreme Court · Decided November 14, 1986 · Kelley
395 N.W.2d 922; 55 U.S.L.W. 2328; 1986 Minn. LEXIS 899 (North Western Reporter, Second Series)

Outcome: Affirmed for respondent.

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Counsel

Henry A. Cousineau, Jr., Bruce D. Elliot, Minneapolis, for F.L. Smithe Mach. Co., Steven J. Kirsh, Michael S. Ryan, St. Paul, for Dan Germann., Michael Forde, Minneapolis, for Quality Park Products.

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Germann v. F.L. Smithe Machine Co.

What happened

The facts of the case, in plain language.

In 1975, F.L. Smithe Machine Company delivered a programmable hydraulic press (PHP 33) to Quality Park Products in two separate crates, and Quality Park employees assembled it following Smithe's manuals, properly attaching the safety bar at original assembly.

The PHP 33's safety bar, positioned between the press's moving and stationary tables, prevented operators from being injured in the pinch point, but the machine's design required detaching the bar so the press could be serviced.

Undisputed evidence established that the safety bar was not in place at the time of the accident and had not been for months.

More than six years after the press's installation, respondent Germann, a Quality Park employee, sustained serious injuries to his left leg when it became caught between the press's moving and stationary tables.

At trial the jury found that the PHP 33 was not defective because of design but was defective because Smithe failed to provide adequate warnings for the safe use of the product.

What the court decided

In 1975, F.L. Smithe Machine Company delivered Quality Park Products a hydraulic press with a removable safety bar guarding the pinch point between its moving and stationary tables. Because the bar blocked access for servicing, it had to be removed for maintenance, and it had been off for months when employee Germann's left leg was caught in the press more than six years after installation. A jury found the press properly designed but found Smithe at fault for failing to warn that the machine was unsafe to operate without the bar. Smithe argued the danger stemmed from the buyer's poor maintenance, not any duty of its own. The supreme court held otherwise: because Smithe designed the bar to be detachable, it could foresee it might not be reattached, creating a duty to warn. The court affirmed the resulting $100,000 judgment, apportioned equally between Smithe and Quality Park.

  1. A manufacturer that designs a machine with a safety device that must be detached for maintenance or servicing owes a legal duty to warn operators of the danger of operating the machine without the device properly reattached, because the design itself makes removal—and consequent failure to reattach—a foreseeable, non-remote misuse. (*925)
  2. Whether a legal duty to warn exists is a question of law for the court, not one for jury resolution; the adequacy of the warning, breach of duty, and causation remain for jury resolution. (*924)
  3. A manufacturer's duty to warn is not limited to design defects; a properly designed product may nonetheless give rise to failure-to-warn liability, and special-verdict findings of no design defect and inadequate warning are two different but consistent findings, not irreconcilable answers. (*926)
  4. A jury verdict finding a breach of the duty to warn and legal causation of the plaintiff's injuries should be sustained on review where combined lay and expert testimony renders the verdict not manifestly contrary to the evidence.

How the court reached its decision

The court's reasoning, step by step.

Whether Smithe, as manufacturer of a hydraulic press whose removable safety bar had to be taken off for servicing, had a legal duty to warn operators of the danger of running the press without the bar properly attached. Unlike the remotely foreseeable alteration or disrepair of the washer's factory-installed safety lid in Westerberg, Smithe's press was designed so that the purchaser attached the safety bar and the bar had to be detached for the press to be serviced; on a machine built for extended and heavy use, removal was almost inevitable and failure to properly reattach was foreseeable, non-remote misuse exposing operators to precisely the pinch-point injury the bar was designed to prevent. Smithe had a legal duty to warn operators of the peril of running the press without a properly attached and operating safety bar.

Whether the jury's special-verdict answers—finding no design defect but a defective failure to warn—are irreconcilable. The jury found the PHP 33 properly designed but found Smithe breached a duty to warn of its use without the designed safety features being attached and functional—two different but consistent findings. The verdict answers were not inconsistent.

Whether credible evidence supported the jury's findings that Smithe breached its obligation to provide an adequate warning and that the breach was a legal cause of Germann's injuries. After careful review, the court found more than sufficient lay and expert testimony, combined with other evidence, to justify the jury's findings of breach of the duty to warn and legal causation. The verdict was sustained as not manifestly contrary to the evidence, and the judgment was affirmed.

Key quotes from the opinion

Notable passages from the opinion, in the court's own words.

“The question of whether a legal duty to warn exists is a question of law for the court — not one for jury resolution.”
Duty to warn is a question of law for the court, not the jury — *924
“Knowing that, Smithe could have reasonably foreseen that on a machine designed for extended and heavy use, it was almost inevitable that for maintenance purposes the safety bar would be removed, and that there was a risk it might not be properly reattached.”
Foreseeability analysis distinguishing Westerberg: a safety bar detachable by design makes non-reattachment foreseeable — *925
“Therefore, we hold Smithe had a legal duty to warn operators of the peril of running the press without a properly attached and operating safety bar.”
Holding: manufacturer's duty to warn of operation without a functioning safety bar — *925
“The verdict answers were not inconsistent; the jury found the machine to be properly designed but that Smithe had breached a duty to warn of its use without the designed safety features being attached and functional — two different but consistent findings.”
Jury's findings of no design defect and inadequate warning are consistent, not irreconcilable — *926

Cases the court relied on

Earlier decisions the court cited as authority for its ruling.

  • Westerberg v. School District No. 792, Todd County (276 Minn. 1, 148 N.W.2d 312 (1967)) — Appellant invoked Westerberg's statement that a manufacturer need not warn of every danger arising from misuse or failure to maintain, but the court held that reading extends Westerberg beyond its actual holding, distinguishing it because the washer's factory-installed safety lid made alteration or disrepair only remotely foreseeable, whereas Smithe's bar was detachable by design.
  • Christianson v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co. (67 Minn. 94, 69 N.W. 640 (1896)) — Supplies the framework the court applies: whether a duty exists is a legal question resolved by looking back from the event causing the damage to the alleged negligent act, with remoteness defeating duty and direct, reasonably foreseeable consequences creating it.
  • Clark v. Rental Equipment Co. (300 Minn. 420, 220 N.W.2d 507 (1974)) — Part of the line of Minnesota authority the court relies on both for the proposition that a duty to warn may arise from foreseeable unwarned use of a machine and for the point that the duty to warn is not limited to design defects.
  • Bilotta v. Kelley Co. (346 N.W.2d 616 (Minn. 1984)) — Recent Minnesota authority confirming that a duty to warn may exist where the manufacturer should anticipate that an unwarned operator might use the machine in a manner increasing the risk of injury and has no reason to believe users comprehend that risk.
  • Holm v. Sponco Mfg., Inc. (324 N.W.2d 207 (Minn. 1982)) — Cited alongside Bilotta, Frey, and Clark for the foreseeable-misuse duty to warn, and in footnote four for the proposition that strict liability for failure to warn is based upon principles of negligence.

Cases that cite this one

82 later published cases cite this decision. The 25 that cite it most often are listed here.

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Full opinion

The complete text of the court's opinion as published.

Opinion

KELLEY, Justice.

The manufacturer properly designed an industrial hydraulic press by equipping it with safety devices. Had those devices as designed been properly attached to the hydraulic press, an operator of the machine would not have sustained an injury. The question presented is whether, under existing circumstances, the manufacturer had the legal duty to warn users or operators of the machine of the dangers inherent in its operation without having the designed safety devices functionally operative. The trial court and the court of appeals 1 ruled it did have such a duty. We concur and affirm.

In 1975 appellant F.L. Smithe Machine Company (Smithe) delivered to Quality Park Products (Quality Park) a programmable hydraulic press (hereinafter referred to as PHP 33) in two separate crates. The stationary table for the machine was in one crate; the operating and moving machinery was in the other. Smithe provided manuals containing instructions for assembling and maintenance of the PHP 33. Employees of Quality Park, using those manuals, assembled the machine. As part of the assembly, a safety bar needed to be attached to the machine. When properly placed, the safety bar would prevent the operator from being injured as the result of entanglement of body members in the “pinch point” between the moving and stationary tables that were part of the press. On original assembly, by following Smithe’s manual instructions and diagrams, Quality Park’s employees properly attached the safety bar. Because the safety bar was located between the moving and stationary tables of the press, it had to be removed in order to permit access to the machine for maintenance and repair. From the time of the original assembly of the press by Quality Park’s employees until the date of the accident, the safety bar had been removed for maintenance service on only one or two occasions. But on the day of the accident giving rise to this case, the safety bar was unattached.

More than six years after the installation and assembly of the PHP 33, respondent Germann, a Quality Park employee, sustained serious injuries to his left leg when it became caught in the press between the moving and stationary table.

At the time of the accident Quality Park had three PHP’s in its plant. The two others were similar to the PHP 33 except *924 the latter was equipped with additional safety devices not attached to the other two. At the time of the accident Germann was operating the PHP 33, which he had operated previously on a number of occasions. Undisputed evidence clearly establishes that the safety bar was not in place at the time of the accident, and had not been for months. 2

Germann sought personal injury damages from appellant Smithe claiming that the PHP 33 had been defectively designed, and that Smithe had failed to adequately warn operators of dangers connected with the machine’s use when functional safety equipment was not attached. Smithe im-pleaded Quality Park. At trial the jury found (1) that the PHP 33 was not defective because of design, but (2) that the PHP 33 was defective because Smithe failed to provide adequate warnings for the safe use of the product. 3 Following the verdict, Smithe moved for judgment notwithstanding the verdict or for a new trial. The trial court denied both motions and the court of appeals affirmed.

1. The primary issue raised in this appeal is whether Smithe had the legal duty to warn users of the dangers of using the PHP 33 when the safety bar was not properly attached. The question of whether a legal duty to warn exists is a question of law for the court — not one for jury resolution. Prosser and Keeton, The Law of Torts § 37, p. 236 (5th ed. 1984); Restatement (Second) of Torts § 328B (1965).

Smithe contends it had no duty to provide warnings as to the unsafe operation of a machine it manufactured (i.e. PHP 33) when it had provided a safety bar which, if properly installed and maintained, would have prevented the accident. The danger caused by the absence of the safety bar, it contends, was solely due to the neglect of Quality Park in its failure to properly maintain the safety bar in place. It relies on Westerberg v. School District 792, 276 Minn. 1, 148 N.W.2d 312 (1967) where we noted the duty to warn rests directly on the foreseeability of the injury. 276 Minn. at 9, 148 N.W.2d at 317. Improper use of the product, however, resulting from such things as improper maintenance need not be anticipated by the manufacturer. 276 Minn. at 7-8, 148 N.W.2d at 316. See also Rogers v. Unimac Co., 115 Ariz. 304, 565 P.2d 181 (1977).

While not disagreeing that foreseeability of injury is the linchpin for determination whether a duty to warn exists, Germann responds that because Smithe designed the press with a removable safety bar, a design that, in fact, requires its removal for the machine’s maintenance, Smithe reasonably knew or should have recognized the potentiality that the bar might not be properly replaced. Germann argues Smithe should, therefore, have warned operators, by the attachment of a warning decal or by other appropriate means, that for the safe operation of the machine, the safety bar should be properly installed and functional.

As indicated, whether there exists a duty is a legal issue for court resolution. Green, Foreseeability in Negligence Law, 61 Colum.L.Rev. 1401, 1408 (1961). In determining whether the duty exists, the court goes to the event causing the damage and looks back to the alleged negligent act. If the connection is too remote to impose liability as a matter of public policy, the courts then hold there is no duty, and consequently no liability. On the other hand, if the consequence is direct and is the type of occurrence that was or should have been reasonably foreseeable, the courts then hold as a matter of law a duty exists. Other issues such as adequacy of the warning, breach of duty and causation remain *925 for jury resolution. Christianson v. Chicago St. P., M. & O. Ry. Co., 67 Minn. 94, 69 N.W. 640 (1896).

Appellant reads Westerberg to limit the duty issue so as to relieve the manufacturer from providing an adequate warning against misuse. Such a reading, in our view, extends Westerberg beyond its actual holding. In Westerberg the court did state “[t]he manufacturer of a chattel can hardly be expected to warn of every conceivable danger that might arise from misuse of the chattel or failure to maintain it after it breaks down.” Westerberg, 276 Minn. at 6, 148 N.W.2d at 315. Based upon the facts in that case, the court demonstrated that it would be carrying the duty of a manufacturer too far to require it to anticipate every injury that might occur when the machine was so improperly used or maintained. In Westerberg we noted the manufacturer could not have reasonably anticipated either the action of the school’s maintenance man in altering a broken safety device or the action of the students in overriding the safety lid of the laundry machine by use of some sort of pry bar. Our later cases, however, demonstrate that if a manufacturer-seller should anticipate that an unwarned operator might use the machine in a particular manner so as to increase the risk of injury and the manufacturer has no reason to believe that users will comprehend that risk, a duty to warn may exist. See, e.g., Bilotta v. Kelley Co., 346 N.W.2d 616, 621 (Minn. 1984); Holm v. Sponco Mfg., Inc., 324 N.W.2d 207, 212 (Minn. 1982); Frey v. Montgomery Ward & Co., 258 N.W.2d 782, 786 (Minn. 1977); Clark v. Rental Equipment Co., 300 Minn. 420, 426, 220 N.W.2d 507, 511 (1974).

In some respects the facts in Wes-terberg are indistinguishable from those in the case at bar. Each case involves injury arising from the use of a machine approximately six years old. Each machine was heavily used. Both accidents occurred as a result of faulty maintenance by the purchaser-owner-employer which caused designed safety mechanisms in each machine to fail. However, in our opinion, a distinguishing fact of significance exists. The safety lid device on the washer in Wester-berg was installed by the manufacturer in such a manner it was only remotely foreseeable that the safety feature would be altered or allowed to fall into disrepair in a manner so as to increase any risk of injury to a user. See 276 Minn. at 3, 148 N.W.2d at 313. To the contrary, in the case at bar, the safety bar was designed to be attached by the purchaser. In addition, the safety bar was detachable as the result of the machine’s design. In fact, it had to be detached in order that the press might be serviced. Knowing that, Smithe could have reasonably foreseen that on a machine designed for extended and heavy use, it was almost inevitable that for maintenance purposes the safety bar would be removed, and that there was a risk it might not be properly reattached. If the safety bar was not properly reattached, there would be exposure to a user-operator of increased danger of injury of the type the safety bar had been designed to prevent. This misuse was foreseeable; it was not remote; and the danger of injury to a user because of the misuse was likewise foreseeable. Therefore, we hold Smithe had a legal duty to warn operators of the peril of running the press without a properly attached and operating safety bar.

2. Next, appellant contends the jury’s answers to special verdict interrogatories are irreconcilable. Smithe contends that inasmuch as the jury failed to find defective design of the press, nothing exists that would require a warning. Smithe contends that as a manufacturer, it only had the duty to warn of design defects. Minnesota law for many years has been to the contrary. See, e.g., Bigham v. J.C. Penney Co., 268 N.W.2d 892 (Minn. 1978); Clark v. Rental Equipment Co., 300 Minn. 420, 220 N.W.2d 507 (1974); McCormack v. Hankscraft Co., 278 Minn. 322, 154 N.W.2d 488 (1967); Lovejoy v. Minneapolis-Moline Power Implement Co., 248 Minn. 319, 79 *926 N.W.2d 688 (1956). 4 The verdict answers were not inconsistent; the jury found the machine to be properly designed but that Smithe had breached a duty to warn of its use without the designed safety features being attached and functional — two different but consistent findings.

Smithe likewise claims no credible evidence exists to support the jury’s verdict. We have carefully reviewed the evidence. After doing so, we come to the conclusion that there was more than sufficient lay and expert testimony combined with other evidence to justify the jury’s verdict that Smithe breached its obligation to provide an adequate warning, and that the breach*was a legal cause of Germann’s injuries. Accordingly, we sustain the verdict because we find it not to be manifestly contrary to the evidence. Sandhofer v. Abbott-Northwestern Hospital, 283 N.W.2d 362, 368 (Minn. 1979); Lamke v. Louden, 269 N.W.2d 53, 56 (Minn. 1978).

Affirmed.

1

. Germann v. F.L. Smithe Machine Co., 381 N.W.2d 503 (Minn.App. 1986).

2

. The usual operator of PHP 33 stated the bar had not been attached for months prior to the accident. Germann indicated he never had seen the safety bar and only learned of its existence after the accident. Neither of the other PHP’s, one of which Germann usually operated, came equipped with a safety bar.

3

. Judgment was entered in favor of Germann in the amount of $100,000, one-half apportioned to Smithe and one-half to Quality Park.

4

. All of the cited cases involved negligence claims. However, this court has adopted the position that strict liability for failure to warn is based upon principles of negligence. See, e.g., Hauenstein v. Loctite Corp., 347 N.W.2d 272 (Minn. 1984); Holm v. Sponco Mfg. Co., 324 N.W.2d 207, 215 (1982) (Simonett, J. dissenting).

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