Phillips v. Kimwood Machine Co. Sup. Ct Of Or.,

269 Or. 485, 525 P.2d 1033 (1974)

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Nature of the Case

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Facts

Phillips (P) was injured when a sanding machine manufactured by Kimwood Machine Co. (D) threw out fiberboard that P had fed into it. P sued D; the machine was defective and was unreasonably dangerous because there was no safety device to protect an operator from material thrown back out of the sanding machine. At trial, it was shown that at small expense a line of metal teeth could have been put on the machine in order to stop the problem. P's employer did install such a device after P's accident to prevent a reoccurrence. D made smaller manual feed sanders with the safety teeth. The trial court directed a verdict for D; the sanding machine was not unreasonably dangerous. P appealed.