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Holloway v. Midland Risk Insurance Co.10/30/2002
ant's damage."
The eight-inch piece of the bend restrictor in the record looks like a spring. It is a metal coil with an inside diameter of approximately three-fourths of an inch through which the hose would run. When held horizontally on one end, the weight of the eight-inch spring without the hose causes the other end of the restrictor to sag downward. In other words, it is a very flexible spring. When bent all the way around into a circle, the eight-inch exhibit demonstrates its intended advantage of maintaining circularity of itself and the hose, thus preventing an abusive bend or kink in the hose. On the other hand, the bend or kink restrictor does not prevent "repetitive flexing." Such flexion of the hose was its essential function, particularly at the end of the hose where it was connected to the rescue tool.
If this case involved a rupture at a place along the hose where a kink existed, the issue of the propriety of the alternative design of the restrictor to prevent such a kink would be much closer. Instead, "repetitive flexing," which caused metal fatigue in the steel braid wrap of the hose, was a risk related to the long history of use of the hose and the rescue tool which the flexible protective spring in question would not prevent. I, therefore, believe the finding of a design defect is unsupported by the record and presents manifest error.
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