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decided: July 9, 1987.


Appeal from Order of the Superior Court dated June 7, 1985, at No. 218 Philadelphia 1984, affirming the judgment of the Court of Common Pleas of Northampton County, entered January 5, 1984, at No. 1980-C-7465. 346 Pa. Super. 639, 499 A.2d 404 (1985).


Thomas F. Traud, Jr., Ronald L. Clever, Allentown, for appellants.

Robert C. Brown, Jr., Easton, for appellees.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Larsen, J., joins in this opinion and files a concurring opinion. Flaherty, J., files a dissenting opinion. Hutchinson, J., files a dissenting opinion in which Flaherty, J., joins.

Author: Nix

[ 515 Pa. Page 335]


This is an appeal by an equipment manufacturer from a decision of the Superior Court, affirming the denial of the

[ 515 Pa. Page 336]

    manufacturer's motion for a new trial following an adverse jury verdict in a products liability case. We granted review to consider the appellant's assignments of error with respect to certain evidentiary rulings made by the trial court.

On August 1, 1978, Eugene Lewis, one of the appellees herein, was seriously injured while in the course of his employment on the production line of S.I. Handling Systems, Inc. At the time of his injury, Lewis was operating an overhead, electric chain-hoist to lift into position a sizeable, metal carriage assembly, which was a component of a machine being produced by his employer. The overhead electric hoist was such that it could be started and stopped, and its load maneuvered into various positions, by means of a "control pendant," which was comprised of a control box attached to a cable leading to the hoist motor overhead. The cable was expandable to a distance of about fifteen feet, making the control box, to a degree, portable. Protruding from the surface of the box were push-type buttons by which the hoist was operated. Accordingly, physical depression of one of the buttons would activate the hoist and cause it to perform one of its functions.

The injury to Lewis occurred when a carriage assembly became jammed on one of the hoists because of a stuck chain. In an effort to correct the situation, he moved the control pendant to a certain position relative to the suspended load. In the course of doing that he stumbled and fell, causing his thumb to strike the "down" button on the control box. As a result, the front end of the carriage assembly held aloft by the hoist chain became unstuck, swung forward, and hit Lewis in both legs. Besides suffering bruises, contusions and lacerations in the lower portions of both legs, Lewis also suffered fractures of the fibia and tibia of his right leg. As a consequence of his injuries, he was out of work for a year.

The electric hoist was a product of the Coffing Hoist Division of the Duff-Norton Company ("Coffing"). As a result of the injuries suffered by Eugene Lewis, he and his wife filed against Coffing, in the Court of Common Pleas of

[ 515 Pa. Page 337]

Northampton County, an action asserting strict liability in tort pursuant to Section 402A of the Restatement (Second) of Torts, and also included counts charging negligence and breach of warranty. The complaint alleged, inter alia, that the control box for the hoist was defectively designed in that there was no guard or other protective feature over the buttons on the box to prevent accidental activation of the hoist. Just prior to trial the plaintiffs elected to proceed only on the theory of strict liability under Section 402A of the Restatement of Torts.

Based on an in limine motion by the plaintiffs, the trial court made certain rulings concerning the admissibility of evidence at trial. First, the court barred the defendant from putting into evidence a publication of the American Society of Mechanical Engineers ("ASME") setting forth standards respecting the manufacture of electric hoists and other industrial lifting equipment. The trial court excluded this evidence on the ground that the ASME publication was totally silent on the subject of the design and guarding of buttons on the control pendants of electric hoists. The court also ruled that the defendant could not present testimony, through its expert witness, that "at least ninety percent" of the electric hoists made in this country had control boxes devoid of any type of guard around the activating buttons. In excluding Coffing's evidence on this point, the court concluded that proof of the defendant's compliance with industry-wide standards, practices and customs would inject into the case concepts of negligence law, and that under our decision in Azzarello v. Black Bros. Co., 480 Pa. 547, 391 A.2d 1020 (1978), negligence concepts have no role in a case based entirely on strict liability under Section 402A of the Restatement (Second) of Torts.

When the case came on for trial, the plaintiffs presented an expert witness who testified that the control box in question was defectively designed in that the push-type buttons should have been recessed instead of protruding from the surface of the box, or should have had metal flanges around them. According to the plaintiffs' expert,

[ 515 Pa. Page 338]

    each of these alternative designs would have been safer than the defendant's because they would prevent unexpected activation of the hoist through inadvertent physical contact with the buttons. In support of his further opinion that the suggested design alternatives were technologically and economically feasible, this witness was permitted to show the jury a model of a control box which featured recessed control buttons. He was also allowed to display photographs of an actual control box, made by another manufacturer of electric hoists, which had flanges around the control buttons.

Coffing called only one witness, Mr. William Ellis, who was the company's "Director of Products Reliability." Mr. Ellis testified that the control pendant involved in the case was designed in 1964 and was no longer used after 1977. He also stated that the instant case represented the first complaint about the safety of Coffing's control device, and that, in his opinion, it was safely designed. Ellis further opined that the model presented by the plaintiffs' expert witness, featuring recessed buttons, presented a greater risk of accidental activation than the defendant's. Regarding the plaintiffs' photographs showing an actual control box with protective flanges around its buttons, the defendant sought to offer proof that the manufacturer of that device also made one which had no type of guard around the buttons. The trial court barred that evidence as being irrelevant.

The jury returned a verdict in favor of Eugene Lewis in the amount of $51,692.80, and in favor of his wife for $5,000.00. After the court added delay damages, the ...

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