Klein v. Sears, Roebuck, and Co.

Joseph Klein (plaintiff) severed four fingers while using a 10-inch radial-arm saw. Klein sued the saw manufacturer, Emerson Electric Co., and the store where he purchased the saw, Sears, Roebuck, and Co. (collectively, the saw companies) (defendants), claiming breach of warranty and strict liability in tort. Klein argued the saw was unreasonably dangerous due to a design defect because it lacked a lower blade guard. Klein testified that he had read the saw’s product warnings, including warnings about not leaving the saw running while unattended or while performing project layout, assembly, or setup work. The warnings also cautioned against reaching behind or around the moving blade. Klein testified that he left the saw running in between repetitive rip cuts (cutting a board lengthwise to make multiple, narrower pieces from the larger piece of wood). Klein’s expert witness was prepared to testify that it was not customary practice for woodworkers to turn off a saw during rip cutting. Klein also testified that he left the saw running while moving within his garage to place finished work in a designated spot and then taking his next piece of wood to the saw. Klein’s expert witness was prepared to testify this process did not force Klein to position himself improperly in relation to the saw and did not constitute layout, assembly, or setup work. The saw companies moved for summary judgment in the circuit court after Klein’s testimony. The saw companies alleged that had Klein heeded the saw’s instructions and warnings, he would not have been injured. The circuit court granted the motion for summary judgment. Klein appealed, arguing that the warnings on the saw were too general and that his specific conduct was not prohibited by the warnings.