Quimbee logo
DMCA.com Protection Status

Phillips v. Kimwood Machine Company

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

Case BriefRelatedOptions
From our private database of 28,500+ case briefs...

Phillips v. Kimwood Machine Company

Oregon Supreme Court

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

Facts

Pope and Talbot, a manufacturer of wood products, purchased a sanding machine from Kimwood Machine Company (Kimwood) (defendant). The machine used powered rollers to move sheets of fiberboard over six sanding heads. The sanding heads exerted strong force on the fiberboard in the opposite direction than it was moving, but spring-loaded pinch rolls kept the fiberboard from kicking back out of the machine. The machine had to be manually adjusted for the thickness of the fiberboard it was sanding. Kimwood’s smaller models of the machine were equipped with a line of metal teeth that would prevent any boards from being regurgitated from the machine in the event that the pinch rolls failed to keep boards moving forward. These smaller machines were designed to be fed manually. The machine that Pope and Talbot purchased was not equipped with metal teeth to avoid kickback. Pope and Talbot’s machine was built only for use with automatic feeders, which Kimwood sold separately. Pope and Talbot chose not to purchase an automatic feeder, but instead operated the machine in conjunction with their own feeding device, which was partially automatic and partially manual. Phillips (plaintiff) was an employee of Pope and Talbot. One day Phillips was manually feeding a batch of thick fiberboard through the sanding machine. One thin piece of fiberboard was inadvertently included in the batch. When Phillips fed the thin board through the machine, the pressure from the sanding heads kicked the board back out at Phillips, striking his abdomen. Phillips sued Kimwood to recover for is injuries, alleging that the machine was unreasonably dangerous because of its defective design. The trial court granted Kimwood’s motion for a directed verdict. Phillips appealed.

Rule of Law

Issue

Holding and Reasoning (Holman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 545,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 545,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,500 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 545,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,500 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership