Kuras v. International Harvester Co., No. 86-2024

CourtUnited States Courts of Appeals. United States Court of Appeals (1st Circuit)
Writing for the CourtBefore BREYER and TORRUELLA; CAFFREY
Citation820 F.2d 15
Parties, Prod.Liab.Rep.(CCH)P 11,444 Anthony J. KURAS, Plaintiff, Appellant, v. INTERNATIONAL HARVESTER COMPANY, et al., Defendants, Appellees.
Decision Date04 June 1987
Docket NumberNo. 86-2024

Page 15

820 F.2d 15
18 Soc.Sec.Rep.Ser. 15, Prod.Liab.Rep.(CCH)P 11,444
Anthony J. KURAS, Plaintiff, Appellant,
v.
INTERNATIONAL HARVESTER COMPANY, et al., Defendants, Appellees.
No. 86-2024.
United States Court of Appeals,
First Circuit.
Argued May 8, 1987.
Decided June 4, 1987.

Page 16

Edward F. St. Onge, Providence, R.I., for plaintiff, appellant.

Gregory L. Boyer with whom Boyer, Reynolds & DeMarco, Ltd., Providence, R.I., was on brief, for defendants, appellees.

Before BREYER and TORRUELLA, Circuit Judges, and CAFFREY, * Senior District Judge.

CAFFREY, Senior District Judge.

This is an appeal by plaintiff/appellant Anthony Kuras from a directed verdict entered by the District Court in a personal injury action. Plaintiff/appellant Anthony Kuras sued Outboard Marine Corporation and International Harvester Company for injuries to his hand from a lawn mower manufactured by Outboard Marine and marketed by International Harvester. Jurisdiction in federal court in based on diversity, 28 U.S.C. Sec. 1332. The amended complaint predicates liability on theories of strict liability, negligence and breach of warranty. At the close of plaintiff/appellant's case, the district judge entered a directed verdict for the defendants/appellees on all three counts. We affirm.

At trial, Kuras testified that he purchased the mower in 1981 and used the mower regularly for mowing the lawn at his home. On June 7, 1984 Kuras was mowing his lawn. He testified that the grass began clogging in the refuse bag attached to the mower. Kuras took the bag off and cleaned and replaced it, but the grass "kept choking up in the chute." After five or six times of this procedure, Kuras shut the mower off, tipped it over, and placed his hand in the underside of the mower. The mower blade hit his right hand, severing one finger and partially severing another.

Page 17

Kuras' brother-in-law, Albert Robidoux, testified that he used the mower two weeks later, and noticed that the grass was clumping behind him, and that the back of the lawn mower was dragging. He further stated that the rear chassis height adjustment lever was at its bottom setting. A lawn mower mechanic testified that if the mower was too low, the grass would clump in the chute. From his examination of the mower a week before trial, the mechanic testified that the rear height adjustment was worn. Another witness, a mechanical engineer, stated that the mower's rear height setting could change by going over a bump. There was also testimony that there was a 5-7 second time lapse between shutting off the mower and the blade coming to a rest, and that there was no brake mechanism to stop the blade when the mower was shut off. In addition, the blade would kick back in the opposite direction before coming to a rest.

At the close of plaintiff's case, the court entered a directed verdict for defendants on all counts. The district court stated that defendants had no duty to warn plaintiff of the obvious danger of a spinning blade on the underside of the lawn mower. The court also ruled that the plaintiff, by putting his hand into the spinning blade, broke the chain of causation between the clumping of the grass in the mower and the injury to his hand. Thus, the court concluded that there was no proximate cause as to the rear height adjustment and the clogging of the grass. With regard to the blade stopping time, the court found that plaintiff had failed to...

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9 practice notes
  • Delaney v. Deere and Co., No. 82,630.
    • United States
    • United States State Supreme Court of Kansas
    • 10 de março de 2000
    ...(1980); Hansen v. New Holland North America, Inc., 215 Wis.2d 655, 574 N.W.2d 250 (Ct. App. 1997); Kuras v. International Harvester Co., 820 F.2d 15 (1st Cir. 1987) (interpreting Rhode Island law); Complaint of Diehl, 610 F. Supp. 223 (D. Idaho 1985) (interpreting Idaho law); Miss. Code Ann......
  • Adsani v. Miller, No. 96-9593
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 23 de fevereiro de 1998
    ...case appealed, has the discretion to impose a bond which reflects its determination of the likely outcome of the appeal. See Sckolnick, 820 F.2d at 15. The power to impose an appeal bond under Rule 7 has been specifically given to the discretion of the district court. See Rule 7, Fed.R.App.......
  • Azizian v. Federated Dept. Stores, Inc., No. 05-15847.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 23 de agosto de 2007
    ...there was "a real possibility" the appeal would be found frivolous and sanctions would be ordered under Rule 38. Sckolnick, 820 F.2d at 15. Ten years passed before the meaning of "costs on appeal" again received substantial appellate attention. Then, the Third Circuit, i......
  • Pittsley v. Warish, No. 90-1372
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 9 de novembro de 1990
    ...this light, reasonable jurors could come to but one conclusion. Kinan v. Brockton, 876 F.2d at 1036; Kuras v. International Harvester Co., 820 F.2d 15, 17 (1st Cir.1987). Wildman v. Lerner Stores Corp., 771 F.2d 605, 607 (1st Cir.1985); Goldstein v. Kelleher, 728 F.2d 32, 39 (1st Cir.), cer......
  • Request a trial to view additional results
9 cases
  • Delaney v. Deere and Co., No. 82,630.
    • United States
    • United States State Supreme Court of Kansas
    • 10 de março de 2000
    ...(1980); Hansen v. New Holland North America, Inc., 215 Wis.2d 655, 574 N.W.2d 250 (Ct. App. 1997); Kuras v. International Harvester Co., 820 F.2d 15 (1st Cir. 1987) (interpreting Rhode Island law); Complaint of Diehl, 610 F. Supp. 223 (D. Idaho 1985) (interpreting Idaho law); Miss. Code Ann......
  • Adsani v. Miller, No. 96-9593
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 23 de fevereiro de 1998
    ...case appealed, has the discretion to impose a bond which reflects its determination of the likely outcome of the appeal. See Sckolnick, 820 F.2d at 15. The power to impose an appeal bond under Rule 7 has been specifically given to the discretion of the district court. See Rule 7, Fed.R.App.......
  • Azizian v. Federated Dept. Stores, Inc., No. 05-15847.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 23 de agosto de 2007
    ...there was "a real possibility" the appeal would be found frivolous and sanctions would be ordered under Rule 38. Sckolnick, 820 F.2d at 15. Ten years passed before the meaning of "costs on appeal" again received substantial appellate attention. Then, the Third Circuit, i......
  • Pittsley v. Warish, No. 90-1372
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 9 de novembro de 1990
    ...this light, reasonable jurors could come to but one conclusion. Kinan v. Brockton, 876 F.2d at 1036; Kuras v. International Harvester Co., 820 F.2d 15, 17 (1st Cir.1987). Wildman v. Lerner Stores Corp., 771 F.2d 605, 607 (1st Cir.1985); Goldstein v. Kelleher, 728 F.2d 32, 39 (1st Cir.), cer......
  • Request a trial to view additional results

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