Davis v. Berwind Corp.
Davis v. Berwind Corp.
Opinion of the Court
OPINION OF THE COURT
In this product liability action, the Superior Court vacated the judgment of the Court of Common Pleas of Philadelphia County and granted a judgment notwithstanding the verdict (j.n.o.v) in favor of Appellees, Berwind Corporation and Bepex Corporation.
The record establishes that Kimberly Davis, Appellant, was employed as a quality control inspector for Keystone Equity Meats (Equity), a company which supplies hamburger patties to McDonald’s restaurants. One of Appellant’s duties was to operate a blender in a meat formulation system Equity had
Appellees’ blenders were sold with interlocking electropneumatic safety devices. A dual valve system required the simultaneous use of both of the operator’s hands, thus keeping the hands away from the rotating blades. Also, the blender was equipped with an interlocking door which was designed to act as a guard, automatically blocking access to the area where meat was being ground if either of the operator’s hands was removed from its place on the control panel. The blender, however, could operate without the safety devices, and the safety devices were shipped separately from the blender.
Appellees included on the blender a visible warning reading “DANGER, KEEP FINGERS OUT OF DOOR OPENINGS.” The operating manual provided to Equity also warned against removing the interlocking safety device:
Do not operate unless guards and safety devices are in place and are working. The electropneumatic control is considered an integral part of blender and should not be removed or modified to preclude the safety to the interlock feature____
R. 927a.
Shortly after Equity installed the meat formulation equipment, it removed the interlocking safety devices from the blenders. With the safety devices removed, employees could operate two blenders at one time and therefore increase production without increasing labor costs.
On the day of the accident, Appellant shut off the power to one of the blenders she was operating. Approximately ten seconds later, she used her right hand to clear the blender’s discharge chute of meat which had accumulated in the blender’s hopper. Even though the blender’s power had been turned off, the blades continued to turn. Appellant’s right hand came into contact with the rotating blades, and three of her fingers were severed. Appellant testified at trial that had
Appellant’s sole claim against Appellees was that they were strictly liable under § 402A of the Restatement (Second) of Torts
The jury determined that Boldt was not liable for Appellant’s injuries, and that Appellees were liable. The jury awarded damages in the amount of $400,000.00. Both parties filed post-trial motions. The trial court granted Appellant’s request for delay damages in the amount of $213,725.92, and denied Appellees’ posttrial motions. It concluded that there was substantial evidence for the jury to conclude that the alteration to the product, i.e., the removal of the safety device, was foreseeable.
The Superior Court reversed and entered j.n.o.v. ,on the basis that the case should not have been submitted to the jury as a matter of law. It held that Appellees did what was required of a responsible manufacturer by providing a safety device, affixing warnings on the discharge doors and providing
Appellant filed a petition for allowance of appeal with our Court, and we granted allocatur. In reviewing an entry of a judgment n.o.v., we note that
[tjhere are two bases upon which a judgment n.o.v. can be entered: one, the movant is entitled to judgment as a matter of law, and/or two, the evidence was such that no two reasonable minds could disagree that the outcome should have been rendered in favor of the movant. With the first, a court reviews the record and concludes that even with all factual inferences decided adverse to the movant the law nonetheless requires a verdict in his favor, whereas with the second, the court reviews the evidentiary record and concludes that the evidence was such that a verdict for the movant was beyond peradventure.
Moure v. Raeuchle, 529 Pa. 394, 402-403, 604 A.2d 1003, 1007 (1992) (citations omitted).
In their appeal to the Superior Court, Appellees successfully premised their claim to j.n.o.v. on the basis that they were entitled to judgment as a matter of law. In examining this determination, our scope of review is plenary, as it is with any review of questions of law. Phillips v. A-Best Products Co., 542 Pa. 124, 130, 665 A.2d 1167, 1170 (1995).
We begin our analysis of whether Appellees are entitled to judgment as a matter of law with a discussion of § 402A, which was adopted by our Court in Webb v. Zern, 422 Pa. 424, 220 A.2d 853 (1966). Section 402A reflects the social policy that a seller or manufacturer is best able to shoulder the costs and to administer the risks involved when a product is released into the stream of commerce. Having derived a
Nevertheless, it is not the purpose of § 402A to impose absolute liability. A manufacturer is a guarantor of its product, not an insurer. See Azzarello v. Black Brothers Co., Inc., 480 Pa. 547, 553, 391 A.2d 1020, 1023-1024 (1978). To recover under § 402A, a plaintiff must establish that the product was defective, that the defect was a proximate cause of the plaintiffs injuries, and that the defect causing the injury existed at the time the product left the seller’s hands. Berkebile v. Brantly Helicopter Corporation, 462 Pa. 83, 93-94, 337 A.2d 893, 899 (1975). The seller is not liable if a safe product is made unsafe by subsequent changes. Id. Where the product has reached the user or consumer with substantial change, the question becomes whether the manufacturer could have reasonably expected or foreseen such an alteration of its product. Eck v. Powermatic Houdaille, 364 Pa.Super. 178, 527 A.2d 1012 (1987).
A dangerous product can be considered “defective” for strict liability purposes if it is distributed without sufficient warnings to notify the ultimate user of the dangers inherent in the product. Mackowick v. Westinghouse Electric Corporation, 525 Pa. 52, 575 A.2d 100 (1990). The determination of whether a warning is adequate and whether a product is “defective” due to inadequate warnings are questions of law to be answered by the trial judge. Id. at 56, 575 A.2d at 102.
Appellant’s theory of liability, inadequate warnings, is premised on the argument that Appellees should have anticipated the removal of the safety device and, therefore, should have provided additional warnings. Appellant contends that the warning on the blender, which stated, “DANGER, KEEP FINGERS OUT OF DOOR OPENINGS,” was inadequate to warn the user that the blades would continue to rotate after the power was terminated.
In a similar argument, Appellant maintains that the Superior Court erred in finding that the removal of the safety device by Appellant’s employer constituted a superseding cause of Appellant’s injury. This claim is likewise meritless. Disregarding the warnings stated in the owner’s manual and affixed to the machine itself, Appellant’s employer removed the safety devices so that a single employee could operate more than one machine at a time. This clearly constitutes a substantial change in the condition in which the product was sold that relieves the manufacturer of liability for Appellant’s injury.
Appellant attempts to avoid this result, however, by contending that it was foreseeable that the meat blender could be operated without the interlocking safety device. As evidence of foreseeability, Appellant asserts the following: the instruction manual accompanying the blender cautioned against removing the safety device; the hand controls were shipped separately from the blender; the safety device was incompatible with Equity’s procedure of two machines being operated by one person; and, the warnings placed on the blender were cogent only if the safety device was removed. We find untenable the proposition that a manufacturer must anticipate
In summary, notwithstanding the removal of the safety device, the warning on the blender itself clearly instructed the operator to “KEEP FINGERS OUT OF DOOR OPENINGS.” This warning addressed the danger and was sufficient to caution the operator. Moreover, an integral part of the product was an interlocking electropneumatic safety device and the product’s manual cautioned against its removal. The fact that Appellant’s employer chose to disregard such warning does not render the product defective. Accordingly, the Superior Court properly concluded that Appellees were entitled to judgment as a matter of law.
. Boldt Industries, Inc. was not party to the appeal to the Superior Court, and is not a party in the instant proceeding.
. At the time of the sale of the blender, Bepex was owned by Berwind. Both companies shall hereinafter be referred to as "Appellees.”
. Section 402A. Special Liability of Seller of Product for Physical Harm to User or Consumer.
(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
(a) the seller is engaged in the business of selling such a product, and
(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
(2) The rule stated in Subsection (1) applies although
(a) the seller has exercised all possible care in the preparation and a sale of his product, and
(b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.
. Appellant’s remaining assertions also do not lead to the conclusion that Appellees should have foreseen the product alteration. The fact that Equity had a procedure of having one person operate two machines prior to purchasing Appellee's blender does not give Equity reason to ignore the warning cautioning against such procedure when using Appellee’s machine. It also has nothing to do with Appellee’s ability to foresee the product alteration. Further, the fact that the safety device was shipped separately from other components of the blender is not dispositive of the issue.
. Appellant also argues that the social policy underlying product liability requires that the risk of loss of injury be borne by Appellees as they are in a better position to protect themselves against the loss. We disagree. The imposition of strict liability on Appellees in the instant case would be a futile attempt to promote the distribution of safe products when it is not the manufacturer but the purchaser who rendered the product dangerous. The manufacturer should not be responsible for the employer’s intentional removal of the safety device merely because the purchaser/employer is limited in liability to that recoverable in a workers’ compensation proceeding.
Dissenting Opinion
dissenting:
As I am unpersuaded by the majority’s reasoning concerning both issues raised in this case, I must respectfully dissent.
First, I cannot agree with the majority that Appellant’s failure to warn claim must fail as a matter of law. To establish that a product was defective due to a failure to warn, a plaintiff must show that the product was “distributed without sufficient warnings to notify the ultimate user of the dangers inherent in the product.” Mackowick v. Westinghouse Electric, 525 Pa. 52, 56, 575 A.2d 100, 102 (1990). Furthermore, the warnings will be considered insufficient if they do not warn of unobvious dangers. Id.
In the matter sub judice, the danger was that the blades in the blender would continue to rotate a full ten seconds after power to the machine had been terminated. I believe that such a danger is not readily obvious.
Yet, the majority holds that because Appellees placed the warning “DANGER, KEEP FINGERS OUT OF DOOR OPENINGS” on the blender, then Appellees are relieved of liability in this instance. Although the existence of this warning is undeniable, the perception of this warning as being adequate is not. The warning provided by Appellees did nothing to inform the user of the hidden danger that the blades would continue to rotate ten seconds after the power had been terminated. This warning did not apprise the user
I am also unable to join that portion of the majority’s opinion which discusses the issue of superseding causation for two reasons. First, I believe that the majority’s analysis of the superseding cause issue is unnecessary as it is dicta. The majority concludes that as a matter of law, Appellees cannot be held liable because the product was not defective. Thus, any need to analyze whether Appellees’ liability was severed by a superseding cause has been eliminated.
Second, I respectfully suggest that the majority’s reasoning in dicta is flawed. At common law, a superseding cause is “[t]hat occurrence or force which not only intervenes, but which also breaks the chain of causation between the initial occurrence and the ultimate effect ...,” thus relieving the defendant of liability. Black’s Law Dictionary 152 (6th ed. 1991). In Pennsylvania, this court has declared that the proper focus in determining whether an intervening act is a superseding cause is “on whether the act was so extraordinary as not to be reasonably foreseeable.” Powell v. Drumheller,
As this court is reviewing a j.n.o.v., the standard here is whether Appellees are entitled to a judgment as a matter of law on this point even with all factual inferences decided adverse to Appellees. Moure v. Raeuchle, 529 Pa. 394, 402-403, 604 A.2d 1003, 1007 (1992). When taken in the light most favorable to Appellant, the evidence shows that Equity’s removal of the safety device was not so “extraordinary as not to be reasonably foreseeable.” First, the controls for the interlocking safety device were shipped separately from the unit and had to be installed separately by the purchaser. R.R. 354a, 396a. This certainly raised the possibility that the blenders would be operated without the safety device. Second, the blender’s manuals contained a specific warning not to remove or to operate the blender without the interlocking device, thereby indicating that the blender could operate without the safety device. R.R. 927a. Third, Appellees’ engineer stated that Appellees had a concern that the safety device might be tampered with and that concern is what precipitated the warning in the manual. R.R. 939a-940a.
This evidence was clearly sufficient for the jury to decide that the alteration was foreseeable and, by the verdict it rendered, it determined that the removal of the safety device was foreseeable by Appellees. The majority fails to provide a persuasive explanation as to why it holds that the determination by the jury that Equity’s act was not a superseding cause must be wrested from that jury in violation of the concepts articulated by Powell.
For the foregoing reasons, I respectfully dissent.
. I note that even Appellees’ product engineering manager would agree with me on this point. At trial, he testified that he thought it would be appropriate to place a warning on the blender that the blades would not cease rotating immediately upon termination of power. R.R. at 277a-278a.
Dissenting Opinion
dissenting.
I join in Mr. Justice Gappy’s dissenting opinion, however, I write separately to emphasize the inadequacy of the warning for the intended user of the product.
On July 16, 1985, while discharging meat from a blender, Appellant noticed that meat was accumulating on the convey- or. It had piled up on the conveyor to the level of the blender’s discharge doors. Because the levers held the discharge doors open, Appellant was exposed to the risk of the rotating blades. She then pushed the button to stop the mixing blades, turned off the conveyor, and reached toward the meat. Her right hand came into contact with the continually rotating blender blades, which traumatically severed her index, ring and middle fingers.
I agree with Mr. Justice Cappy that the evidence was sufficient for a jury to conclude that the removal of the safety
It is well-settled that a product may be considered defective for strict liability purposes absent adequate warnings to the ultimate user concerning dangers inherent in the product. Mackowick v. Westinghouse Electric Corp., 525 Pa. 52, 575 A.2d 100 (1990).
The seller must provide with the product every element necessary to make it safe for use. One such element may be warnings and/or instructions concerning use of the product. A seller must give such warning and instructions as are required to inform the user or consumer of the possible risks and inherent limitations of his product. Restatement (Second) of Torts § 402A, comment h.
Berkebile v. Brantly Helicopter Corp., 462 Pa. 83, 100, 337 A.2d 893, 902 (1975).
As demonstrated in Maekowick, the adequacy of a warning is measured in relation to the knowledge or training of the intended user. See also Ellis v. Chicago Bridge & Iron Co., 376 Pa.Super. 220, 545 A.2d 906 (1988)(the necessity of a warning depends in part on the knowledge of the ordinary consumer, with knowledge common to the community as to the characteristics of the product). In Maekowick, an electrician was severely burned when he pointed a screwdriver into a live
In contrast, in Berkebile, we allowed a plaintiff to pursue a claim against a helicopter manufacturer for inadequate warnings and instructions concerning the operation of an on-board safety device. In Berkebile, the manufacturer marketed a particular helicopter model as easy to fly for both beginning and professional pilots. Berkebile, a businessman, purchased one. While flying alone, he was killed when his helicopter crashed after experiencing engine failure. The manufacturer had provided certain instructions concerning activation of the safety device in case of engine failure, but had failed to provide a specific warning concerning the need to activate the safety device almost instantaneously. We reversed the jury verdict for the manufacturer and remanded for a determination, inter alia, of whether the warnings were sufficient to alert Berkebile of the urgency of the situation.
Following the rationale of Mackowick and Berkebile, I believe that Appellees provided an inadequate warning to the ultimate user of their product, an employee on-line in a meat processing plant. As a matter of common sense, Appellant would have known that while injury may result from contact
The Majority states that an additional warning concerning the continued rotation of the blades only becomes necessary if the user blatantly ignores the warning to keep his or her fingers away from the door openings. Citing Baldino v. Castagna, 505 Pa. 239, 478 A.2d 807 (1984), the Majority concludes that where, as here, the manufacturer provides a warning, the manufacturer may reasonably assume that the user will heed it. Baldino, a negligence action, does not, however, stand for the proposition that an inadequate warning may relieve a manufacturer of liability. Instead, Baldino instructs that whether a user’s failure to heed a warning absolves a manufacturer of liability depends on the adequacy of the warning to alert the user of the particular dangers inherent to the product. Here, the manufacturer’s warning failed to inform the user of all inobvious risks inherent to the product. Therefore, the user may have proceeded in disre
Because the evidence supports a determination that Appellees failed to provide an adequate warning, thus, rendering the product defective, I respectfully dissent.
. As alleged by Appellant, she would depress levers to open doors on the side of the blender to allow the meat to fall onto a conveyor that would carry the meat to the next processing stage. It was critical for Appellant to maintain a continuous flow of meat because all subsequent stages of the production line were dependant on the availability of the blended meat.
. “Arcing” is a principle of electricity that occurs when a grounding instrument or object is close enough to the electric charge so that the electricity explosively flashes to the instrument or object and flows through it. Maekowick.
Reference
- Full Case Name
- Kimberly DAVIS, Appellant, v. BERWIND CORPORATION, Bepex Corporation, and Boldt Industries, Inc., Appellees
- Cited By
- 106 cases
- Status
- Published