You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Rowell v. Powerscreen International Ltd.

Citations: 808 F. Supp. 1459; 1992 U.S. Dist. LEXIS 19835; 1992 WL 387588Docket: No. CV-S-91-310-PMP (RJJ)

Court: District Court, D. Nevada; July 20, 1992; Federal District Court

Narrative Opinion Summary

In this products liability case, plaintiffs filed suit against defendants, manufacturers of a powerscreen, following an accident that resulted in severe injuries to the foreman operating the machine. The defendants sought summary judgment, arguing that the plaintiff’s use of a tar stick to address belt slippage was an unforeseeable misuse and that the machine was not unreasonably dangerous. The court examined the standards for summary judgment under Federal Rule of Civil Procedure 56, requiring the moving party to show no genuine issue of material fact exists. Under Nevada law, the claim necessitated proving that the product was defective and the defect caused the injury. The court found that material factual questions remained regarding the foreseeability of the plaintiff’s actions and the alleged defectiveness of the powerscreen due to the lack of safety features like a nip point guard and adequate warnings. Consequently, the court denied the defendants' motion for summary judgment, emphasizing that the proximate cause of the injuries was tied to the machine itself, rather than the plaintiff’s use of the tar stick, thus necessitating a trial to resolve these issues.

Legal Issues Addressed

Foreseeable Misuse in Product Liability

Application: The court considers whether the plaintiff’s use of the product was foreseeable, impacting the determination of liability.

Reasoning: Defendants argue against liability by claiming that Rowell’s use of a tar stick was an unforeseeable misuse, that the powerscreen was not unreasonably dangerous, and that Rowell's actions caused the accident.

Proximate Cause in Product Liability

Application: The court focuses on whether the product itself was the proximate cause of the injuries, rather than any alleged misuse by the plaintiff.

Reasoning: The court also clarifies that it must focus on the proximate cause of Rowell’s injuries, which were directly linked to the powerscreen, not his alleged negligent use of the tar stick.

Strict Products Liability under Nevada Law

Application: To succeed on a strict products liability claim, the plaintiff must prove the product was defective and unreasonably dangerous at the time it left the manufacturer and caused the plaintiff’s injury.

Reasoning: Under Nevada law, a strict products liability claim requires the plaintiff to demonstrate: (1) the product had a defect making it unreasonably dangerous, (2) the defect existed when the product left the manufacturer, and (3) the defect caused the plaintiff’s injury.

Summary Judgment Standard under Federal Rule of Civil Procedure 56

Application: The court evaluates whether there is a genuine issue of material fact by placing the initial burden on the moving party to demonstrate the absence of such an issue.

Reasoning: The standard for granting summary judgment under Federal Rule of Civil Procedure 56 requires demonstrating no genuine issue of material fact, placing the initial burden on the moving party to show this absence.