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Hinte v. Echo12/10/1998
DESHLER, Presiding Judge.
Plaintiff-appellant, Joseph Hinte, appeals from a judgment of the Franklin County Court of Common Pleas entered pursuant to a jury verdict in favor of defendant-appellee, Echo, Inc., in appellant's product liability action.
Appellant was employed by Klamfoth Landscaping Company when he was injured on April 22, 1994, when using an Echo brush cutter to remove saplings on a job site. The Echo brush cutter was described as a standard weed trimmer with a ten-inch circular saw blade substituted for the nylon cutting line. As appellant demonstrated to two other employees the proper use of the brush cutter, the ten-inch circular saw blade of the brush cutter fractured into several pieces. Fragments of the broken blade were thrown into appellant's right knee, damaging the patellar tendon, the lateral and medial meniscus, and the bones of the knee, and, most seriously, severing the anterior cruciate ligament. The initial surgery failed to completely correct the damage to his knee, and appellant underwent a second operation to reconstruct the severed ligament.
Appellant brought his product liability suit against Echo on June 5, 1995, asserting that the defective brush-cutting blade was the proximate cause of his injuries. Shortly before the trial date, Echo sought to identify a new witness after the deadline had passed under the case-scheduling order. Echo identified Jonathan Salvatini as a replacement witness for another Echo employee, Ken Anderson, who would be unavailable. Anderson had previously been identified by Echo and deposed by appellant. The court denied appellant's motion to exclude the testimony of Salvatini, based upon Echo's assertion that Salvatini's testimony would not differ materially from the contemplated testimony to be offered by Anderson. Salvatini was accordingly deposed by appellant on the eve of trial.
The matter proceeded to trial on September 29, 1997, with Echo's defense predicated on the assertion that the fractured brush-cutting blade had not been manufactured or sold by Echo.
Seeking to establish the fractured blade as an Echo product, appellant presented the testimony of his employer, Scott Klamfoth. Klamfoth testified that he used only Echo landscaping and lawn care equipment to the exclusion of all other brands, because of his desire to simplify parts stocking and repair procedures in his business. By purchasing only Echo equipment, Klamfoth was able to avoid carrying parts from multiple vendors for the various types of equipment used by his employees. Klamfoth testified that he had never purchased brush-cutting blades from any manufacturer other than Echo. He specifically testified that he had purchased the blade in question as part of a optional brush blade kit to go with the Echo weed trimmer. The kit was packaged and sold under the Echo name. On cross-examination, Klamfoth conceded that the broken blade, which was introduced as an exhibit, then bore no distinguishing stamps or stenciling identifying it as an Echo blade, in contrast to new Echo blades introduced for comparison.
Appellant also testified personally on this issue that he had never seen brush-cutting blades from any other manufacturer in Klamfoth's shop or known Klamfoth to purchase blades from another manufacturer. He recalled seeing optional brush blade kits as described by Klamfoth, purchased in a bag with all components labeled in Echo packaging.
Appellee presented the testimony of Karl Amrein as an engineering expert. Amrein had two engineering degrees and extensive experience as an engineer in the businesses of power tools and lawn and garden products. Amrein testified that he
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