Plaintiffs appeal as of right from a directed jury verdict of no cause of action.
Plaintiff Jonathan Johnson’s hand and arm were pulled through two rollers of a plastic extruding machine. Because of defendant’s alleged alteration of a safety device, these rollers would only open up one-half inch. Since these rollers would not open to two and one-half inches as they were originally designed, Johnson’s arm and hand had to be squeezed back out through the rollers, causing substantial injury. Plaintiffs then brought this suit alleging that defendant was negligent and breached implied warranties by altering the safety device to reduce the space between the rollers. After plaintiffs presented their evidence at trial, the judge directed a verdict for defendant without stating his reasons for doing so.
On appeal, plaintiffs first argue that the trial court improperly directed a verdict for defendant on the negligence count. Under the laws of this state, a seller of a used product owes a legal obligation to future and foreseeable users of the product to exercise the reasonable care required of a reasonably prudent seller under the existing circumstances.
Blanchard v Monical Machinery Co,
"The standard of appellate review in measuring the granting of directed verdicts for defendants in product liability cases is whether, taking the evidence in a light favorable to plaintiff, a prima facie case of liability is established. If so, a motion for directed verdict should be denied. Only when all reasonable men would agree to facts which preclude liability, should a directed verdict be granted for defendant.” (Footnote omitted.)
See also
Ownes v Allis-Chalmers Corp,
At trial, plaintiffs produced evidence to show that when the defendant, the original owner of the machine, purchased it from the manufacturer, the pinch rollers were adjusted to have a two and one-half inch space between them when the safety mechanism was engaged. Plaintiffs also produced evidence that when Lapeer Plastics purchased the machine the rollers would only open to about three-quarters of an inch. 1 This was approximately the same distance the rollers would open when the injury occurred.
In
Bevard v Ajax Mfg, supra,
the Court interpreting Michigan law stated: "[i]f we somehow create a zone of risk or danger, then we are obligated, in law, to all those whom we could or should foresee as entering into that zone”. The ultimate question, therefore, is whether a seller of a machine who altered a safety device so that it violated the then current industry standards is liable for injuries caused to an employee of a subsequent owner of the machine. As stated in
Blanchard,
"[t]his question was not one for deter
*740
mination by the trial judge as a matter of law; on the contrary, it was a question for submission to the jury under a proper instruction”.
Plaintiffs also argue that the trial court improperly granted a directed verdict for defendant on the implied warranty claim. Defendant brought its motion for directed verdict relying on
Bevard v Ajax, Mfg, supra.
In
Bevard,
the Court held that the occasional seller of used machines "as is” is not bound by implied warranties that the machines are reasonably free from defects. In this case, however, viewing the evidence in a light most favorable toward plaintiffs, defendant in its maintenance of the machine altered a safety device rendering it inadequate. The inadequacy of a safety device is a design defect which may support a breach of warranty claim.
Johnson v Chrysler Corp,
Reversed and remanded.
Notes
Lapeer Plastics was purchased by Johnson’s employer.