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Vermett v. Fred Christen & Sons Co.8/25/2000
his case, Murray never inspected a press brake, and had never acted as an expert on the adequacy of warnings. Murray seems most knowledgeable in the area of meat grinder safety; however, there is no ANSI safety standards that apply to meat grinders and the guarding of meat grinders is dissimilar to the guarding of press brakes, in that they do not involve the use of pull-backs, wrist restraints, or light curtains.
The trial court thoroughly considered Murray's background and found him to be unqualified as an expert with respect to press brakes. The trial court found that, although Murray's experience may qualify him as an expert on "identifying general industrial hazards and recognizing a need for safeguards," he was not qualified "as an expert on press brake operation and design, on the point of operation guarding that must be provided by a manufacturer, or on the adequacy of warnings provided by a manufacturer." Based upon our review of Murray's educational background, employment experience and expertise, we find that the trial court did not abuse its discretion in determining that Murray lacked the specialized knowledge necessary to qualify him as an expert in this case. See Vistein, 71 Ohio App.3d at 98-99.
b. Defective Press
Wysong asserts that the press falls within one of the exceptions to the strict statutory liability imposed for a defective product by former R.C. 2307.75(A)(1) and (2).
Specifically, Wysong relies on former R.C. 2307.75(E) and (F), which state:
"(E) A product is not defective in design or formulation if the harm for which the claimant seeks to recover compensatory damages was caused by an inherent characteristic of the product which is a generic aspect of the product that cannot be eliminated without substantially compromising the product's usefulness or desirability and which is recognized by the ordinary person with the ordinary knowledge common to the community.
"(F) A product is not defective in design or formulation if, at the time the product left the control of its manufacturer, a practical and technically feasible alternative design or formulation was not available that would have prevented the harm for which the claimant seeks to recover compensatory damages without substantially impairing the usefulness or intended purpose of the product, unless the manufacturer acted unreasonably in introducing the product into trade or commerce." R.C. 2307.75(E) and (F).
Richard Stein, Wysong's consultant, provided the relevant testimony concerning the design of the press based upon a reasonable degree of scientific certainty. Stein testified that the press was designed and constructed within ANSI standards, and installed consistent with industry standards. He also testified that the press was shipped with "all the possible guards that the manufacturer can provide that he knows may be a potential hazard." Stein further testified that Wysong was unable to provide a point of operation safeguard that protects the user during all possible uses because there is an "infinite variety" of tools and applications which the press could accommodate. Only if the press was changed in "its designation from a universal machine to a special purpose machine" could it be equipped with appropriate point of operation safeguards. Additionally, we note that, contrary to appellants' assertion, Wysong did provide limited point of operation safeguarding in the form of a dual palm system; however, we recognize that there was no point of operation guarding on the machine to be used with the foot pedal that was added to the machine.
Accordingly, based on Stein's testimony, we find that the press could not have been equip
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