King v. K.R. Wilson Co.

The issue herein is whether the grant of summary judgment in favor of the manufacturer was correct. We hold it was.

The trial court’s basis for granting summary judgment in favor of the manufacturer was that the press had been substantially altered and that there was insufficient proof to hold K.R. Wilson liable for an averred design defect in the unaltered portion of the machine. In Temple v. Wean United, Inc. (1977), 50 Ohio St. 2d 317 [4 O.O.3d 466], it was held in paragraph three of the syllabus that a change in the activation mechanism of a power punch press was a “ ‘substantial change.’…