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Harris v. International Truck and Engine Corp.10/18/2005
that the axle fractured because it had suffered heat damage. An expert witness for International, Timothy Cheek, stated that the heat damage was located underneath the left wheel bearing. It was undisputed that this bearing had been replaced at some point in the past. The replacement bearing used was an authorized replacement part for the Scout.
. The majority finds that the Scout's owner's manual suggested that the owner take the Scout to a certified International mechanic to replace a bearing. The majority concludes that Harris's evidence is insufficient because he cannot show the bearing was replaced by a certified International mechanic as per the suggestion in the manual. I would hold that Harris did not need to show that the bearing was replaced by a certified International mechanic. As admitted by the majority, the manual merely encourages the Scout owner to take the Scout to an International mechanic for repairs. The manual states:
For information not given in this manual, or if you require services of a trained serviceman, we urge you to contact an IH dealer in your locality. IH dealers keep abreast of the latest methods in servicing IH equipment, and have up-to-date facilities for providing prompt, first-class service.
Significantly, the last page of the owner's manual allows the owner to purchase an International service manual for the Scout by mail for $12.50. Thus, the owner's manual does not require the owner to take the Scout to a certified International mechanic for repairs but, in fact, contemplates that a Scout owner might purchase his own service manual and follow the service manual to conduct repairs himself. International Truck employee Charles Powell testified in reference to this provision that International was aware that many Scout owners performed repair work themselves.
. The service manual for the Scout articulated a wheel bearing replacement procedure. This procedure requires the Scout's repairer to remove the bearing retainer ring, located above the bearing on the axle shaft, by striking it with a cold chisel until it splits, while being careful to avoid damaging the axle shaft. Then, the manual instructs to remove the old bearing from the axle shaft with a puller tool, to inspect the surfaces of the axle shaft, and to clean the axle shaft and remove all nicks or burrs (deburring). Finally, the new bearing is to be installed by using a puller tool to press the bearing onto the axle shaft. A new retainer ring is also required.
. Harris's metallurgical expert, Richard McSwain, testified by deposition that he inspected the Scout's axle, examined it under a microscope, and compared it with a prototype axle. He stated that the Scout's axle had snapped due to heat damage caused by friction from the bearing moving on the axle during the Scout's operation. McSwain testified that the bearing moved on the axle due to excessive deburring of the axle shaft that had occurred at the time the bearing was replaced. The excessive deburring reduced the diameter of the axle shaft, causing the bearing to fit inadequately around the axle shaft. This inadequate fit caused the bearing to move on the axle during operation of the Scout, creating heat. McSwain observed that the service manual did not prescribe the proper diameter for the axle shaft or warn of the danger that too much deburring could cause the bearing to rotate on the axle, leading to the axle's failure. Also, the manual did not instruct the repairer to measure the axle shaft after deburring to ensure a proper diameter. McSwain opined that the service manual should have included this information and that the failure to include this information rendered the instructions inadequate.
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