Careers

Experiences

Industries

Offices

Our Firm

Pages

Our People

Updates

Practices

Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

The MSC granted mini-oral argument in <a href="http://publicdocs.courts.mi.gov:81/SCT/PUBLIC/ORDERS/154358_54_01.pdf" target="_blank" rel="noreferrer noopener"><em>Iliadis v. Dieffenbacher North America</em>, No. 154358</a> to consider whether failing to follow employer instructions for the use of a press machine in favor of a “common practice” is a misuse of the press machine that is a reasonably foreseeable risk for the manufacturer.

contentpilot/introduction

Steven Iliades, a press operator, relied solely on a security “light curtain” which was supposed to turn off a press machine when an object broke the beams of a light curtain around a press.&nbsp; It had been common practice by his fellow press operators to use the light curtain instead of a security door to maximize efficiency.&nbsp; Although reaching in to the press while in operation was against training, rules, and safety knowledge, it had become common practice to do so because the light curtains would automatically shut off the press.

core/paragraph

However, on an unfortunate day for Iliades, the light curtain did not automatically shut off the machine and instead, it began to cycle its pressing operation when he reached in, crushing Iliades inside. &nbsp;Iliades brought a products liability suit against Dieffenbacher North America Inc., the manufacturer. &nbsp;Dieffenbacher argued that this was misuse that was not reasonably foreseeable. &nbsp;&nbsp;The trial court agreed and granted summary disposition in favor of Dieffenbacher.

The Court of Appeals reversed, noting that Iliades acted against policy, which would fall under the statutory definition of misuse.&nbsp; However, there was a question of fact regarding whether Iliades’s actions were “common practice,” thus removing his action from the definition of misuse.&nbsp; In addition, the Court of Appeals held that it was reasonably foreseeable that press operators would ignore policies and training, and rely solely on light curtains as a safety measure.&nbsp; The Court, therefore, remanded to the trial court.

Partner

Ashley G. Chrysler

Labor and Employment

MSC grants MOAA to determine whether common practice of reaching into a press constitutes a reasonably foreseeable misuse

Warner Norcross + Judd LLP is responsible for the contents of our advertising and this website. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website. If you have any questions or comments about our website or our Privacy Policy please contact us at <a href="mailto:info@wnj.com">info@wnj.com</a> or 616.752.2000. 

MSC grants MOAA to determine whether common practice of reaching into a press constitutes a reasonably foreseeable misuse

professionals