Nos. 389 & 397 Pittsburgh, 1980, Appeal from the Order of March 31, 1980 of the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division, at No. GD 75-28089
C. William Berger, Pittsburgh, for Brodley, appellants in No. 389 and appellees in No. 397.
Michael W. Burns, Pittsburgh, for Chambersburg, appellee.
Michael V. Gilberti, Pittsburgh, for J & L, appellee in No. 389 and appellant in No. 397.
Spaeth, Wickersham and Lipez, JJ.
[ 283 Pa. Super. Page 563]
On December 12, 1973 Plaintiff, a blacksmith in the Aliquippa Works of Jones & Laughlin Steel Corporation, was forging castings using a 1,500 pound Chambersburg Steam Hammer. Suddenly and without warning, the 500 pound upper die flew off the ram and struck Plaintiff, almost severing his leg, as a result of which he could not work for over a year.
Suit was filed against Chambersburg Engineering Company, the manufacturer of the machine, under Section 402A of the Restatement (Second) of Torts for defect in the design
[ 283 Pa. Super. Page 564]
of the machine. The design of the machine required the upper die to be secured to the ram by means of a keystone arrangement, whereby a tapered key is driven into a tapered space and the parts are held together by means of friction. In the ordinary course of use, the key will loosen and must be driven back in with a sledge hammer. The claimed defect was in the manufacturer's failure to provide a safety pin or other device to prevent the tapered key from coming completely out when it became loose.
Chambersburg joined the employer, Jones & Laughlin Steel Corporation, as an Additional Defendant.
The jury returned a verdict on special interrogatories holding that the machine was not defective and that the employer was negligent.*fn1
Plaintiffs filed timely Motions for New Trial or judgment N.O.V., which were denied by the Court below, ...