Askew v. Howard-Cooper Corporation

The majority holds that, as a matter of law, the log handling machine was not negligently designed. In my opinion the evidence made a jury question on that issue.

The evidence describing the machine, including its tendency to allow grease and oil to accumulate in certain areas, would have permitted the jury to find that it was dangerous to climb on the machine to grease the inaccessible fittings. The majority opinion recognizes that greasing the machine in this manner was dangerous and the defendant tacitly, if not expressly, admitted as much. The real issue is whether the manufacturer ought…