Osorio v. ONE WORLD TECHNOLOGIES, INC.
2011 U.S. App. LEXIS 20174
1st Cir.2011Background
- Osorio was injured when operating a Ryobi BTS15 benchtop table saw on a construction site.
- Osorio sued Ryobi for negligence and breach of implied warranty of merchantability, claiming a defective design.
- Osorio relied on SawStop flesh-detection tech as a safer alternative design; Ryobi argued feasibility and cost issues.
- After an eight-day trial, the jury awarded Osorio $1.5 million and found Ryobi liable for breach of warranty while Osorio was 35% at fault.
- The district court denied Ryobi’s motions for judgment as a matter of law and for a new trial; Ryobi appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence on design defect | Osorio presented viable alternative design evidence. | Record failed to show a feasible alternative design meeting Back factors. | Evidence sufficient; no JMOL required. |
| Categorical liability versus feasible alternative | Osorio did not seek categorical liability but challenged lack of feasible design. | Plaintiff seeks categorical liability for entire product category without viable alternative. | Categorical liability not required; record supports design defect theory. |
| Counsel misconduct at trial | Osorio's counsel conduct did not prejudice Ryobi. | Counsel misconduct prejudiced defense and warranted a new trial. | District court did not abuse discretion; no new trial ordered. |
| Evidentiary rulings on witness testimony and deposition excerpts | Certain witness testimony about design was relevant to fault allocation. | Some testimony and deposition excerpts were irrelevant or improperly admitted. | No reversible error; claims waived or harmless. |
Key Cases Cited
- Back v. Wickes Corp., 375 Mass. 633 (Mass. 1978) (multifactor design defect test; risk/benefit balancing)
- Marchant v. Dayton Tire & Rubber Co., 836 F.2d 695 (1st Cir. 1988) (rejects necessity of lis of costs/benefits for alternative design)
- Smith v. Ariens Co., 377 N.E.2d 954 (Mass. 1978) (design defect can be found without expert testimony)
- Kotler v. American Tobacco Co., 926 F.2d 1217 (1st Cir. 1990) (categorical liability limits; not solely on risk/utility)
- Dreisonstok v. Volkswagenwerk, A.G., 489 F.2d 1066 (4th Cir. 1974) (categorical liability and safety tradeoffs in product design)
- Wasylow v. Glock, Inc., 975 F. Supp. 370 (D. Mass. 1996) (feasible alternative may alter product’s functional purpose)
- Linegar v. Armour of America, Inc., 909 F.2d 1150 (8th Cir. 1990) (manufacturers need not offer only the safest variant)