Chairez v. James Hamilton Construction Co.

{38} NCR’s unaltered design of the 22-year-old crushing plant would have prevented Chairez’s injury. The alteration critical to causing the injury — removing the plate steel “shield” separating the feed hopper of the crusher from the area where the flywheels rotated — serves no purpose that has been described in the evidence (or by the majority). Second, by emphasizing the foreseeability of the alterations, the majority has deemphasized the other required element for imposing strict liability — whether the product’s use was foreseeable. I would affirm the district court’s order granting…