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Estep v. Reiter Automotive North America6/28/2002
DECISION AND JUDGMENT ENTRY
. This appeal comes to us from the Lucas County Court of Common Pleas. There, the court issued summary judgments in a case involving claims for employer intentional tort, products liability, and negligence. Because we conclude that the trial court did not err in determining the issues, we affirm.
. Appellant, Lyle A. Estep, was employed by appellee, Rieter Automotive North America, Inc. ("Rieter"), as a worker on one of its production lines. On April 22, 1997, appellant was injured when his left hand was pulled into one of the line's machines. In April 1998, appellant filed a complaint alleging multiple claims against Rieter and several unknown defendants. These claims included intentional tort, product liability, and negligence. In March 1998, appellant amended his complaint, adding defendants Automated Handling and Metalfab, Inc., Industrial Power Systems, Inc. ("IPS"), Helm & Associates, Inc. ("Helm"), and Robert Irsay Co., d.b.a. A.H. Lumm Company ("Lumm").
. During discovery, the following facts were disclosed. In early 1997, Rieter converted a "mastic" production line into a "barrier" production line. This conversion required the installation of new machinery, including a combination pinch roller and shear press machine. To accomplish the conversion, Rieter hired AHM to manufacture the pinch roller machine according to certain size specifications. The shear machine was manufactured by Alfa Machine Company and was sent to AHM, who then incorporated it into the pinch roller machine design. Once at the Rieter's factory, IPS installed the electrical systems necessary for the operation of the combined pinch roller/shear machine. Other companies not pertinent to the issues on appeal were also involved in developing the physical setting and computer controls for the barrier line.
. Rieter's safety committee inspected the barrier line prior to its operation and determined that the shear press/pinch roller assembly needed a guard added to a nip-point of the roller portion of the machine. Michael Scott, project engineer for Rieter, initially contacted Helm to install the needed guard. Helm, in turn, contracted with Lumm to make and install the guard. This was completed by mid-March 1997. According to deposition testimony, Michael Scott and representatives from both Helm and Lumm, at separate times, inspected the machine and reviewed the specifications for the guard. Lumm's employee stated that Michael Scott said that he "wanted to make sure that [the roller machine] was fully guarded."
. After the guards were installed, the barrier line was run to determine whether there were any problems. Appellant received some training on its operation. During one of these practice runs, appellant was operating the pinch roller/shear press machine. He noticed that the webbing material had begun to "walk," meaning shift and slip sideways on the ramp. In response, appellant grabbed the material with both hands. He then attempted to pull on one side of the webbing to tug it back into position. Appellant stated that the line, which was preset to cut at certain intervals, seemed to have been stopped too long. While still holding onto the side of the webbing with his left hand, he looked over at a control panel on the wall to see whether the line had been shut down. According to appellant, the pinch roller machine suddenly started up and his left hand was pulled into the rollers. He immediately hit a stop switch and yelled for help.
. A nearby worker came to appellant's aid, raising a lever that opened the rollers and permitted the removal of appellant's hand. Appellant was taken to the hospital and ultimately underwent four
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