Aguayo v. Crompton & Knowles Corp.

Opinion

This appeal arises out of an industrial accident where plaintiff and appellant, Aguayo (Aguayo), suffered injuries on a machine manufactured by defendant, James Hunter Machine Co., a division of Crompton & Knowles (Crompton). The jury returned a verdict in favor of Crompton. Aguayo appeals raising claims relating to the trial court’s orders excluding evidence.

Aguayo argues the trial court erred by excluding evidence that design modifications had been made on machines manufactured subsequent to the

Facts

In 1964, Crompton sold a garnett machine to West Coast Quilting (West Coast). The machine was assembled by employees of West Coast and installed into its existing garnetting system. In 1973, Crompton sold its James Hunter Machine Co.’s division to the James Hunter Machine Co., a newly formed company entirely separate from the earlier James Hunter Machine Co.

The garnett machine is a large piece of machinery 60 feet long and 6-8 feet high, which consists of a number of cylinders, pulleys and gears. The garnett is one component of an entire system that converts raw fiber into processed welting for furniture padding. The garnett was equipped with covers or guards, which when maintained properly prevent workers from coming in contact with certain moving parts of the machine and prevents dust clogs.

After installation of the garnett in 1964, West Coast made modifications to the existing metal fence that surrounded the perimeter of the system. The purpose of the fence was to keep the operator at a safe distance from the moving parts of the machinery. West Coast also installed warning signs on the outside of the fence, in both English and Spanish as follows: “Danger. Do not clean, do not oil, do not repair the machine while it is functioning.” Crompton did not supply any safety fencing or warning signs for its machinery.

Aguayo was employed by West Coast’s successor, American Fiber, as a garnett operator. On October 9, 1978, he sustained injuries to his hand as he tried to adjust or clean the garnett while the machinery was in motion.

Aguayo admitted he had been cautioned by his supervisor to stay away from moving parts and not to clean the machinery while it was in operation. He knew it was not his job to repair the machine. Aguayo spoke Spanish and did not understand English.

Aguayo brought suit against Crompton alleging strict liability in tort for design defects, stemming from the absence of adequate safety equipment and failure to warn.

During the course of trial, Aguayo’s counsel sought the introduction into evidence of the following:

1. Testimony of plaintiff’s expert that he had inspected a garnett machine manufactured 15 years after the machine causing appellant’s injuries;

2. Two owners’ manuals or handbooks published by the newly formed James Hunter Machine Co.; and

3. A similar owner’s manual published by another garnett manufacturer after the manufacture of the machine causing appellant’s injuries.

The trial lasted four weeks where both sides adduced voluminous testimony concerning the sufficiency of the design and safety features of the garnett machine. In an effort to prove the machine unsafe, Aguayo called two expert witnesses, Dr. Siegel and Mr. Springer, who each recommended an alternative design, which they believed would have prevented Aguayo’s injuries. The alternative system would include a high fence surrounding the entire machine with a key locking gate. The gate would be controlled by an electrical interlock, which would automatically shut off the machine when the gate was opened. Both witnesses testified that the proposed system was both economically and technologically feasible at the time of manufacture in 1964.

Prior to the start of trial, defense counsel had moved to exclude the testimony of plaintiff’s experts concerning design modifications. The trial court had deferred ruling on this motion until well into the trial. During the testimony of Dr. Siegel, plaintiff’s counsel adduced testimony that Dr. Siegel had inspected another garnett plant, which contained a machine manufactured by Crompton’s successor, James Hunter Machine Co., in 1979 or 1980. Counsel then made an offer of proof that the machine inspected by Dr. Siegel and the 1964 version of the machine at West Coast are “substantially identical,” except the newer machine was manufactured with the type of alternative safety equipment proposed by plaintiff. The testimony was offered on the issue of design feasibility. The court excluded this testimony on two grounds: (1) lack of relevance, and (2) even conceding some relevance it was excluded under Evidence Code section 352, due to remoteness, therefore making such testimony consumptive of time and the possibility of confusing the jury.

A product is manufactured defectively if it (1) fails to perform as safely as an ordinary consumer would expect when used in an intended or

Therefore, the Ault decision does not mandate the admission of evidence of subsequent accidents or subsequent design changes, but permits introduction of such evidence subject to the rules of admission applicable to evidence generally.

In Burke v. Almaden Vineyards, Inc., supra, 86 Cal.App.3d 768 , plaintiff had been injured by a champagne cork, and four years later the defendant wine producer had included warning labels on its champagne bottles. In approving the admission of the postaccident warnings, the court noted that during the four-year interval there had been no change in either the processing or packaging of the product, therefore “inferences arising from the fact of the subsequent warning may reasonably be related back to the time of the accident.” (Id., at p. 774.) Here in contrast, the evidence showed that garnetting systems can be different, since most systems were assembled by the customer and adapted to his particular needs.

Additionally, the jury was presented with extensive testimony of two experts concerning the feasibility of the proposed system. If evidence “is merely cumulative, it may be regarded as of less probative force than if it is the only evidence available to its proponent.” (Ibid.) The court here acted within its discretion by excluding the proposed testimony of Dr. Siegel.

Next, appellant argues that the trial court erred by excluding admission into evidence of two owner’s manuals or handbooks published by the James Hunter Machine Co. The 1980 handbook contained an illustration of a garnetting machine with a guarding system similar to the one proposed by appellant and various warnings and notices regarding the safety and care of the machine. The other manual published between 1972-1980 contained similar warnings and notices also found in the 1980 publication. Appellant sought to introduce the above documents for the following reasons: (1) to show feasibility of the proposed alternate design; (2) to demonstrate the original warnings and notices were inadequate; and (3) to rebut the testimony of respondent’s experts.

The trial court excluded the above documents on the grounds that they were too remote and that the manuals were published by the newly formed

These manuals were offered essentially for the same purpose as the proposed testimony of Dr. Siegel and suffer from the same evidentiary weakness. There is no evidence to show that the subsequent manufacturer and production were under the Same or similar circumstances as the machine causing injury. Appellant is correct in arguing that the lack of continuity of the company producing the two garnett machines would not, taken alone, bar admissibility. However, had appellant’s offer of proof included facts showing that the newly formed James Hunter Machine Co. produced its products with the identical or similar technology and methods used by the earlier company, a logical inference could then be made as to any subsequent design defects or modifications. The above evidentiary gaps taken together with the 16 years separating manufacture of the machines, clearly demonstrate the weakness of any inferences drawn from the proposed manuals.

Appellant also argues these manuals were admissible to rebut the testimony of respondent’s expert, Dr. Paul Youngdahl. Dr. Youngdahl testified that the Crompton garnetting machine was safe, that the safety guards on the machine were adequate, that the space limitation at West Coast’s plant would prevent installation of appellant’s proposed alternate safety design, and that the proper placement of the machine was entirely the responsibility of the purchaser.

To rebut the testimony of respondent’s expert, the manuals would have to be admitted into evidence. However, appellant has given scant attention to foundational requirements. Appellant never indicated to the trial court how he intended to lay the necessary foundation and authentication of these records, but now argues on appeal that the manuals would come in through his expert witness. Appellant is mistaken. In Grimshaw v. Ford Motor Co. (1981) 119 Cal.App.3d 757 , 788-789 [ 174 Cal.Rptr. 348 ], the court held, “[w]hile an expert may state on direct examination the matters on which he relied in forming his opinion, he may not testify as to the details of such matters if they are otherwise inadmissible.” This rule rests on the rationale that experts may not under the guise of reasons bring before the jury incompetent hearsay evidence. (People v. La Macchia (1953) 41 Cal.2d 738 , 744-745 [ 264 P.2d 15 ], overruled on other grounds in County of Los Angeles v. Faus (1957) 48 Cal.2d 672 , 680 [ 312 P.2d 680 ]; Baily v. Kreutzmann (1904) 141 Cal. 519 [ 75 P. 104 ].) Without the proper foundation, these manuals would not have been by themselves admissible evidence and could only be referred to but not admitted. (Finn v. G.

Appellant next argues these manuals are admissible to show the warnings were inadequate. In Schelbauer v. Butler Manufacturing Co. (1984) 35 Cal.3d 442 , 452 [ 198 Cal.Rptr. 155 , 673 P.2d 743 ], the court held that like postaccident repairs and improvements, postaccident warnings are admissible in product liability actions. The duty owed by a manufacturer is “to provide an adequate warning to the user on how to use the product if a reasonably foreseeable use of the product involves a substantial danger that would not be readily recognized by the ordinary user.” (BAJI No. 9.00.7 (7th ed. 1986); Finn v. G. D. Searle & Co., supra, 35 Cal.3d 691 ; Powell v. Standard Brands Paint Co. (1985) 166 Cal.App.3d 357 [ 212 Cal.Rptr. 395 ].)

However, there can be no liability for failure to warn where the instructions or warnings sufficiently alert the user to the possibility of danger. (Oakes v. E.I. DuPont de Nemours & Co., Inc. (1969) 272 Cal.App.2d 645 , 649 [ 77 Cal.Rptr. 709 ].) Here, there were warning signs displayed on the exterior of the machine and contained the following message in both English and Spanish: “Danger. Do not clean, do not oil, do not repair the machine while it is functioning.” Appellant admitted that he had read and understood this sign. He was aware that the machine was dangerous and was not to be cleaned while in operation. Nevertheless, appellant approached the machine with a cleaning implement in his hand. He denied, however, that he was attempting to clean it but only to make an adjustment. Appellant had always made such adjustments in the past when the machine was off. Although appellant’s hand was caught 12 inches inside the machine, he could offer no explanation as to how his hand was caught. Testimony from other witnesses showed appellant would have to be reaching into the machine with his arm extended to its full length in order to reach the point where the accident occurred. Furthermore, the adjustment mechanism was located in an area entirely different from where appellant was injured. It appears from the foregoing that appellant was fully aware of the dangers posed by using this machine and was adjusting or cleaning the machine in a manner he knew was dangerous and against instructions.

Finally, these manuals are written in English, and would have little relevance to appellant who speaks Spanish and does not understand English.