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Vermett v. Fred Christen & Sons Co.8/25/2000
ped with a safety feature that safeguarded it during all possible uses because of the variety of sizes and shapes of the work pieces concerned. We therefore agree with the finding of the trial court that harm to appellant was caused by an inherent characteristic of the product that could not have been eliminated without substantially compromising the product's usefulness or desirability. See R.C. 2307.75(E). We further find that the trial court correctly found that a practical and technically feasible alternative design or formulation was not available that would have prevented the harm for which appellants sought to recover compensatory damages without substantially impairing the usefulness or intended purpose of the machine. See R.C. 2307.75(F).
Appellants, however, assert that the press was defective because Wysong knew how the machine would be used and knew that safeguards could have been used on the particular piece appellant was pressing. We disagree that this would render the press defective by design or formulation. Stein clearly determined, after-the-fact, that there were potential point of operation guards that could have been used on appellant's particular job; however, his opinion does not negate his testimony that, because of the variety of pieces that could be formed on the press, there was no way Wysong could equip the press with a method of safeguarding that would protect a user under all circumstances.
Appellants also argue that Wysong's failure to train FC&S;employees on point of operation guarding "implicitly informed FC&S;that use of the press without pinch point guards was safe despite admonitions to the contrary in the written materials." It is undisputed that Wysong's representatives did not discuss the variety of point of operation guards available; however, Stein testified that the press was installed and put into service consistent with industry standards. Moreover, Wysong's training sufficiently warned appellant's supervisors regarding the hazards posed by the point of operation. Brickner, Knak and Ryan all testified that they knew never to place any body part within the die area and Brickner and Knak testified that they also warned appellant of this. Furthermore, the safety manual discussed at length the variety of safeguarding tools that could be added to the machine to enhance safety. Knak testified that he reviewed the safety manual when the press was first purchased. Accordingly, we find that Wysong is entitled to summary judgment regarding appellants' R.C. 2307.75 claim.
We further find that there is no genuine issue of material fact regarding whether Wysong was negligent in its design of the press. "The common-law action of negligent design survives the enactment of the Ohio Products Liability Act, R.C. 2307.71, et seq." Carrel v. Allied Products Corp. (1997), 78 Ohio St.3d 284, paragraph one of the syllabus. A product is defective in design "if it is more dangerous than an ordinary consumer would expect when used in an intended or reasonably foreseeable manner or if the benefits of the challenged design do not outweigh the risk inherent in such design." Knitz v. Machine Co. (1982), 69 Ohio St.2d 460, syllabus. See, also, Perkins v. Wilkinson Sword, Inc. (1998), 83 Ohio St. 3d 507. The standard applied is "one appropriate to the law of negligence: '" * t is the duty of a manufacturer to use reasonable care under the circumstances to so design his product as to make it not accident or foolproof, but safe for the use for which it is intended. * [Citation omitted.]"' [Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317, 326." Knitz at 464.
Further, in considering the reasonableness of a manufacturer's design choice, we are to l
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