Willard J. Benson v. Beloit Corporation

Appellant, the plaintiff below, appeals from a judgment entered on a jury verdict.

BACKGROUND

Appellant was seriously injured when he came in contact with a large paper making machine manufactured by appellee. He alleged that the machine lacked adequate safeguarding devices and that an operating platform was designed and installed by appellee in such a manner as to unreasonably expose him to danger. His cause of action was based solely on a theory of strict liability in tort.

ISSUE

Did the trial judge commit error in using the phrase “contributory negligence” in his instructions when outlining appellee’s defense?

DISCUSSION

The Supreme Court of Oregon has adopted Restatement (Second) of Torts § 402A (1965) as its standard for liability on the theory of strict liability in tort. Heaton v. Ford Motor Co., 248 Or. 467 , 435 P.2d 806 (1967); Anderson v. Klix Chemical Co., 90 Or.Adv.Shts. 1829, 1830, 472 P.2d 806 (1970); McGrath v. White Motor Corp., Or., 484 P.2d 838 (April 29, 1971). Although contributory negligence, in its ordinary form, is not a defense to strict liability under § 402A, that form of contributory negligencé which consists in voluntarily and unreasonably…