Legal Opinion · Dissent

Moore v. Burton Lumber & Hardware Co.

Utah Supreme Court

Decided May 22, 1981No. 16672Published

1DissentHall, Justice

It appears from the evidence that one of three things, or a combination thereof, could have caused plaintiff's injuries: 1) lack of a blade guard, 2) creeping of the blade, or 3) plaintiff's inattention.

The record contains no direct evidence that the lack of a blade guard or the creeping of the saw blade actually caused the accident. Plaintiff's expert witness did testify, however, as to the obvious nature of those two dangers. He opined that it was "plain to see" that the saw was "unreasona*872bly dangerous" since it lacked a blade guard, and since it "had a tendency to move" forward from the…

2Cases cited11 opinions

  1. Jacobsen Construction Co. v. Structo-Lite Engineering, Inc.Utah Supreme Court · 1980
  2. Johnson v. MaynardUtah Supreme Court · 1959
  3. Kuchenmeister v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1918
  4. Ferguson v. JongsmaUtah Supreme Court · 1960
  5. Clay v. DunfordUtah Supreme Court · 1952

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