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FELL v. KEWANEE FARM EQUIPMENT CO.6/20/1990
[457 NW2d Page 913]
Anne Fell was loading ear corn into a corn crib when her left hand became entangled in the exposed beveled gear mechanism of a Kewanee Model 500 elevator. As a result of the accident Anne suffered mutilating injuries to her hand.
Following the accident Anne sued Kewanee Farm Equipment Company, the manufacturer of the elevator. Anne alleged that her injuries were caused by Kewanee's negligence. She also claimed that Kewanee breached its implied warranty. In addition, Anne sought relief on a strict liability theory. Anne asked for compensatory and punitive damages.
Anne also named her father-in-law, Lewis Fell, as a defendant. Lewis owned the elevator. As a third-party plaintiff, Lewis sought relief from Anne's husband, James. Before trial, Anne settled with Lewis, and Lewis and James were dismissed from the lawsuit.
Kewanee moved for partial summary judgment as to Anne's strict liability theory. The district court, the Honorable James L. McDonald presiding, sustained the motion. In a separate motion, Kewanee sought partial summary judgment on the implied warranty theory and on the request for punitive damages. The district court, the Honorable Murray S. Underwood, Senior Judge, presiding, sustained Kewanee's motions on these last two issues. Anne challenges these rulings on appeal.
The case proceeded to trial on the only remaining claim — Kewanee's alleged negligence. During trial, the district court, the Honorable Tom Hamilton presiding, sustained Kewanee's objections to evidence of prior accidents and to certain exhibits. Following the close of the evidence the district court instructed the jury as to Kewanee's state of the art defense as codified in Iowa Code section 668.12 (1987). In the special verdict forms, the court listed James Fell as a party against whom to apportion fault.
In accordance with the special verdict form, the jury found that Kewanee had established its state of the art defense. So the jury, as instructed, proceeded no further. The district court then entered judgment for Kewanee. [457 NW2d Page 914]
Anne challenges on appeal the district court's evidentiary rulings, its state of the art defense instruction, and its action in listing James Fell as a party in the special verdict forms. We affirm in part, reverse in part, and remand.
I. Background Facts and Proceedings.
On the day of the accident — December 16, 1986 — Anne and her husband, James, were loading ear corn into a crib. They were using a Kewanee Model 500 grain elevator to move the corn. The elevator was hooked to James' tractor, which supplied the power to operate the elevator.
The elevator is equipped with a power raise and lower attachment. A shifter lever is attached to the side of the elevator to engage the power raise and lower attachment. Movement of the lever toward the front of the tractor raises the elevator; movement of the lever in the opposite direction lowers it.
The shifter lever has holes at the top and bottom. Ropes can be threaded through the holes and extended to the tractor so that the tractor operator can activate the power raise and lower attachment from the operator's seat. The operator can pull one rope to raise the elevator and pull the other rope to lower it. The evidence is uncontroverted, however, that Kewanee, the manufacturer of the elevator, does not provide ropes for the elevator.
The following illustration is taken from the owner's manual, which is in evidence. The illustration depicts the shifter lever without ropes and with arrows indicating the directions that the shifter lever should be moved.
At th
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