Johnson v. Niagara Mach. & Tool Works

• Decision Date: 22 December 1981
• Docket Number: No. 80-2106,80-2106
• Citation: Johnson v. Niagara Mach. & Tool Works, 666 F.2d 1223 (8th Cir. 1981)
• Parties: 9 Fed. R. Evid. Serv. 816, 1982 O.S.H.D. (CCH) P 25,829 Ralph M. JOHNSON, Appellant, v. NIAGARA MACHINE & TOOL WORKS, a New York corporation, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1223

666 F.2d 1223

9 Fed. R. Evid. Serv. 816, 1982 O.S.H.D. (CCH)

P 25,829

Ralph M. JOHNSON, Appellant, v. NIAGARA MACHINE & TOOL WORKS, a New York corporation, Appellee.

No. 80-2106.

United States Court of Appeals Eighth Circuit.

Submitted Oct. 13, 1981.

Decided Dec. 22, 1981.

Barbara L. Heck, Schermer, Schwappach, Borkon & Ramstead, Ltd., Minneapolis, Minn., for appellant.

Laura S. Underkuffer, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, Minn., for appellee.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and COLLINSON, ^* Senior District Judge.

McMILLIAN, Circuit Judge.

Ralph M. Johnson appeals from a final judgment entered in the District Court ¹ for the District of Minnesota upon a jury verdict finding in favor of Niagara Machine & Tool Works, Inc. (Niagara), on Johnson's personal injury action. For reversal Johnson argues that the district court erred (1) in granting Niagara's motion for a directed verdict on his duty to warn claim and (2) in admitting into evidence Occupational Safety & Health Administration (OSHA) Mechanical Power Press Regulation, 29 C.F.R. § 1910.217(c)(1)(i) (1981). For the reasons discussed below, we affirm the judgment of the district court.

This action arises from an accident which occurred on June 4, 1976. The following statement of facts is based upon the district court's memorandum order, Johnson v. Niagara Machine & Tool Works, Inc., No. 4-76-Civ. 440 (D.Minn. Nov. 14, 1980). Johnson was operating a Model E45 punch press owned by his employer, Wrico Stamping Co. Wrico is not a party to this action. The press was manufactured by Niagara, a New York corporation which manufactures industrial equipment, and sold to Wrico through a local distributor.

The E45 is a general purpose punch press. The press when sold was equipped with two palm buttons, both of which had to be pressed at the same time in order to activate the press. This method of operation is a safety feature because the operator cannot place one hand between the die and the ram while activating the press. The press is, however, manufactured with a receptacle for a foot switch. Wrico converted the press from the two palm button method of operation to the foot switch. The foot switch is necessary in a strip-feeding operation where the operator uses both hands to position materials in the press and uses the foot switch to activate the press. Johnson was strip-feeding the press at the time of the accident.

Niagara did not equip the E45 press with barrier-type point of operation guards which would physically prevent an operator from placing any part of the body in the press. Niagara did, however, attach the following warning plate on the front of the press at approximately eye level:

WARNING

TO PREVENT SERIOUS BODILY INJURY

NEVER Place any part of your body under the slide (ram) or within the die area unless power is off, flywheel is stopped and the slide (ram) is blocked up.

NEVER Operate, install dies, or maintain this machine without proper instruction and without first reading and understanding the operator's or machine manual.

It is the employer's responsibility to implement the above and also to provide proper dies, guards, devices or means that may be necessary or required for any particular use, operation, set-up or service.

Do not remove this sign from this machine.

The operator's or machine manual, supplied by Niagara, specifically warned that point of operation guards are recommended, may be required by code for foot switch operation, and are the responsibility of the user. ²

Johnson had never operated an E45 press before the day of the accident, although he did have some experience operating smaller presses and other industrial equipment. Johnson was instructed by his foreman how to operate the press. The foreman demonstrated the operation. Johnson had produced about forty parts when one piece of material became stuck in the press. Johnson reached into the press to knock the material out. He could not knock it out and reached up with his right hand to press the STOP button in order to shut off the power before extracting the material. Johnson inadvertently placed his left hand in the press and, while reaching up with his right hand, pressed the foot switch activating the press. Johnson's left hand was partially crushed in the press; he lost his left index and middle fingers and 75% of the use of his left thumb.

Johnson brought this diversity action against Niagara for damages. Johnson alleged Niagara was liable under negligence and strict liability theories for (1) failing to adequately warn operators of the dangers involved in operating the press with a foot switch and (2) defective and unreasonably dangerous design (failing to equip the press with an electronic interlock device to prevent operation of the press with a foot switch without a point of operation guard in place). At the end of Johnson's case the district court granted Niagara's motion for a directed verdict on the failure to warn claim. The defective design claim was submitted to the jury. The jury returned a special verdict finding that the press as manufactured was not in a defective condition unreasonably dangerous to Johnson, that neither Johnson nor Niagara was causally negligent, that Wrico (a nonparty) was 100% at fault, and that Johnson's damages were $200,000. Johnson's motion for a new trial was denied, and this appeal followed.

Johnson first argues that the district court erred in granting Niagara's motion for a directed verdict on the failure to warn claim. We disagree. The federal standard and the Minnesota standard for ruling on a motion for directed verdict are substantially the same. See Wetzel v. Eaton Corp., 62 F.R.D. 22, 25-28 (D.Minn.1973) ("practical equivalent"); see also J. N. Sullivan & Assocs. v. F. D. Chapman Construction Co., 304 Minn. 334, 231 N.W.2d 87, 89 (1975).

In each, a directed verdict is permissible only when the evidence, viewed most favorably to the non-movant, cannot reasonably give rise to an inference supportive of the non-movant's position; in each, a directed verdict must be granted when the non-movant's case rests solely upon speculation and conjecture lacking in probative evidentiary support.

Wetzel v. Eaton Corp., supra, 62 F.R.D. at 28.

As found by the district court, Johnson's claim that he had read the warning plate was unsupported by his own testimony. Johnson testified that he had never read the warning even though he knew it was on the press and had glanced at it. The district court further found that Johnson's unsuccessful attempt to knock the material out of the press, contrary to the instructions on the warning plate, did not support an inference that he had in fact read the warning plate. As noted by the district court, an issue as to the adequacy of a warning necessarily presupposes that the operator has read the warning. The district court did not err in granting a directed verdict against Johnson on the failure to warn claim. See Sowles v. Urschel Laboratories Inc., 595 F.2d 1361, 1365 (8th Cir. 1979) (applying Minnesota law). ³

Johnson next argues that the district court erred in admitting into evidence OSHA Mechanical Power Press Regulation, 29 C.F.R. § 1910.217(c)(1)(i) (1981), which directs employers to provide point of operation guards. ⁴ Johnson argues that this OSHA regulation was not relevant to the issues of negligent or defective design and, even if relevant, the prejudicial effect of the regulation substantially outweighed its probative value, citing Murphy v. L & J Press Corp., 558 F.2d 407, 411 (8th Cir. 1977). We disagree.

Minnesota law controls the substantive issues in this diversity case. Under the Minnesota comparative negligence statute, Minn.Stat.Ann. § 604.01 (West Supp.1981), "(i)f there is 'evidence of conduct which, if believed by the jury, would constitute negligence (or fault) on the part of the person ... inquired about,' the fault or negligence of that party should be submitted to the jury" even though that person is not a party to the lawsuit. Frey v. Snelgrove, 269 N.W.2d 918, 923 (Minn.1978), citing Connar v. West Shore Equipment, Inc., 68 Wis.2d 42, 45, 227 N.W.2d 660, 662 (1975); see also Lines v. Ryan, 272 N.W.2d 896 (Minn.1978) (banc).

(W)hen apportioning...