Krajewski v. Enderes Tool Co., Inc.

David Krajewski (plaintiff) was an experienced farmer who had taken farm-safety courses. Krajewski purchased from Northern Tool & Equipment Company (NT&E) (defendant) pry bars manufactured and packaged by Enderes Tool Company, Inc. (Enderes) (defendant). Late one afternoon when the sun was starting to set, Krajewski was using a pry bar and metal hammer to repair equipment. The pry bar, its packaging, and the hammer’s handle warned users to wear safety goggles. Krajewski removed his safety glasses because they were tinted and the lighting was poor. When Krajewski struck the pry bar with the hammer, a piece of metal chipped off and flew into Krajewski’s eye. Krajewski sued NT&E and Enderes on theories of negligence, strict liability, and breach of express warranty. When deposed, Krajewski acknowledged that he knew striking two metal tools together could cause one to chip, which was why safety goggles were recommended; he had read the warnings advising users to wear safety goggles; an exemplary pry bar chipped in 10 strikes of the hammer Krajewski had used; and pry bars manufactured by other manufacturers also chipped. Finding that Krajewski assumed the risk of eye injury when he removed his goggles, the court granted summary judgment to NT&E and Enderes. Krajewski appealed, arguing that he was unaware of the specific danger of the pry bar’s propensity to chip when struck with another metal tool and therefore could not have assumed the risk, NT&E and Enderes failed adequately to warn him of this specific hazard, and it was a jury question whether he would have heeded adequate warnings.