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Torts keyed to Robertson
Philips v. Kimwood Machine Company
Citation:
Supreme Court of Oregon, 1974. 269 Or. 485, 525 P.2d 1033.Facts
The Plaintiff, Phillip, was employed with Pope and Talbot, a wood product manufacturer. Plaintiff was engaged in feeding sheets of fiberboard into a sanding machine manufactured by the Defendant, Kimwood Machine Company. During the sanding of thick sheets, a thin sheet of fiberboard was inserted into the machine. The pressure exerted by the pinch rolls in the top half of the machine was insufficient to counteract the pressure which the sanding bets were exerting upon the thin sheet of fiberboard and as a result, the machine shot the piece of fiberboard back at the Plaintiff. The Plaintiff was hit in the abdomen causing him injuries.
Plaintiff sued the Defendant on a products liability theory, claiming the sanding machine was unreasonably dangerous by virtue of design defect. Plaintiff argues that the machine was defective because there was no safety devices to protect the person feeding the machine from regurgitation of sheets of fiberboards.
There was evidence that at a relatively small expense, there could have been build into or later installed on the machine a line of metal teeth which would point in the direction that the fiberboard progresses through the machine and which would press lightly against the sheet, but which in case of regurgitation, would be jammed into it, stopping its backwards motion. There was also evidence that the Defendant made smaller sanders which were manually fed and on which there was such a safety device.
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Topic Resources
Topic Refresher Course
Products Liability, Design, and Failure to Warn