John Tomicich v. Western-Knapp Engineering Company

John Tomicich appeals from a summary judgment rendered in favor of Western-Knapp Engineering Co., Kaiser Engineering, Link Belt Company, Arthur G. McKee & Co., and Henry J. Kaiser Co. in Tomicich’s personal injury suit against them. We affirm.

Tomicich lost his right arm while attempting to clean an accumulation of mud from one of the sheaves running a conveyor belt. Western-Knapp designed and installed the conveyor system; Henry J. Kaiser Co. constructed the system; and Link Belt Co. supplied certain components for the system. Tomicich’s theory is that the defendants had a duty to design a safe product and were strictly liable for a breach of that duty, and additionally that the defendants had a duty adequately to instruct Tomicich and his supervisors in the safe removal of mud from the conveyor’s sheaves.

On November 4, 1964, Tomicich was working for the Montana Phosphate Co. operating a conveyor belt which served an ore crusher. As he worked, Tomicich noticed that mud was accumulating on one of the sheaves of the conveyor causing the belt to run unevenly and rub against braces in the conveyor structure. He attempted to clear the mud from the sheave by inserting a piece of…