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I walked into an Adult Ed woodworking class with these plans (from Thos Moser). The instructor asked if I had ever done any woodworking. "No" I answered. He gave me…
I read in another article that quoted the legal briefs, that in addition to the guard, splitter and fence being removed, the blade height was about 3". The board he was cutting was 3/4" thick. (He was making a tapered cut following a pencil line on the board.)
I don't understand why Ryobi is responsible and not the owner of PT Hardwood Flooring Services. Osorio testified that his hand "slid ON TOP of the blade of the saw" and later in the testimony that his hand "had landed ON TOP of the blade." If the guard supplied by Ryobi was in place the guard would have PREVENTED the injury.
Osorio also testified that he had never seen guard assemblies for either of the 2 saws he used. So the primary safety feature that Ryobi provided was removed by the owner.
He also was required by his boss to use the saw unsafely since he was trained to make freehand tapered cuts (no fence) following a pencil line (guard would have obstructed his view, push stick probably would not have allowed accurate control of the cut.) And the 3" blade height was either lack of training or operator error.
And knowing that he would require his workers to make these kinds of cuts, why is it not neglignce that the owner did not buy Sawstop saws?
Ryobi had 28 days to appeal and I haven't heard that they did so. The same lawyers apparently have 60 other similar suits pending, half against Ryobi because they are such a big player in the low-end saw market.
This is the first time I have ever WANTED to be called for jury duty!
I'd be suprised if this award held during the appeals process. Just think of the precedent it would set. For example, anyone who chose to buy a car without optional airbags could sue the manufacturer for not making the airbags standard.
I think one reason juries make awards like this is that it is like winning the lottery for the plaintiff. And at some level, the jury members each think that maybe some day it will be their turn to win the pot of gold.
Looks like the answer to some of the projects I have been putting off for lack of knowledge and confidence...
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