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Keywords

plaintiffdefendantdamagesnegligenceliabilityappealwillsustainedcontributory negligence

plaintiffdefendantdamagesnegligenceliabilityappealverdictwillproduct liabilitycontributory negligence

Related Cases

Smith v. Fiber Controls Corp., 300 N.C. 669, 268 S.E.2d 504

Facts

Prior to the accident on August 6, 1975, the plaintiff, a 19-year-old employee at Carolina Mills, had been working for three months. He sustained serious injuries to his left hand while trying to unclog a 'fine opener' machine manufactured by the defendant. The machine had a beater roller that continued to spin even after the power was turned off. The plaintiff, aware of the dangers from his experience with similar machines, inserted his hand into the machine without checking for moving parts, resulting in severe injury and amputation of most of his left hand.

On 6 August 1975 plaintiff received serious injuries to his left hand as he attempted to unclog a 'fine opener' machine manufactured by defendant. … At no time prior to inserting his hand inside the fine opener did plaintiff check to see whether there were any moving parts inside the fine opener.

Issue

The main legal issue was whether the plaintiff's contributory negligence barred his recovery for injuries sustained due to the defendant's alleged negligence in the design and manufacture of the machine.

The dispositive issue on this appeal is whether there was sufficient evidence to carry the case to the jury on the question of contributory negligence.

Rule

In a products liability action founded on negligence, a plaintiff's contributory negligence will bar recovery to the same extent as in any other negligence case.

In a product liability action founded on negligence, '(t)here is no doubt that . . . (plaintiff's) contributory negligence will bar his recovery to the same extent as in any other negligence case.'

Analysis

The court analyzed the evidence presented, noting that the plaintiff had prior knowledge of the dangers associated with the machine's operation. Despite this knowledge, he failed to check for moving parts before inserting his hand into the machine. The court concluded that a jury could reasonably find that the plaintiff did not exercise the ordinary care expected of a prudent person under similar circumstances, thus supporting the finding of contributory negligence.

In sum, the evidence permits a jury finding that plaintiff, in the exercise of ordinary care, should have been aware of the danger that the spiked beater roller inside the fine opener would continue to coast rapidly after power to that machine had been cut; that plaintiff was contributorily negligent in placing his hand inside the fine opener so soon after power to it had been cut without first determining that no parts were moving inside it; and that plaintiff's negligence was a proximate cause of the injuries for which he seeks damages.

Conclusion

The court affirmed the decision of the Court of Appeals, concluding that the jury's finding of contributory negligence barred the plaintiff's recovery in this action.

Accordingly, we hold that the court did not err in submitting contributory negligence to the jury. The verdict conclusively bars plaintiff's recovery in this action.

Who won?

The defendant manufacturer prevailed in the case because the jury found the plaintiff contributorily negligent, which barred his recovery for damages.

The jury found defendant and plaintiff negligent and contributorily negligent, respectively, as alleged.

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Wyant v. Crouse, 127 Mich. 158, 86 N.W. 527, 53 L.R.A. 626

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