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Products Liability Keyed Owen, 8th Ed.
Richelman v. Kewanee Machinery and Conveyor Co.
Citation:
375 N.E.2d 885 (1978)Facts
In 1965, Kewanee Machinery redesigned its Model 260 Auger, testing three guard designs: a parallel guard with bars 3⅜” apart, a vertical guard with bars 4⅝” apart, and a screen-type guard. Despite internal testing showing the screen guard was safest and the parallel guard safer than the vertical design, Kewanee adopted the vertical guard design in 1967. The design engineer testified he considered only the safety of operators, not bystanders or children, and determined bar spacing by measuring his own shoe width. In 1972, Mark Richelman, age 2 years 9 months, was at his grandparents’ farm where his father was operating the auger. After being unable to nap, Mark and his cousin were taken to their grandmother’s house. While the adults were talking, Mark wandered outside and somehow became entangled in the operating auger, resulting in traumatic amputation of his right leg. Expert testimony established that the vertical guard design was less safe than alternatives available at the time, and that anyone with a foot narrower than 4⅝” could become caught in the auger.
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