State Bar Association of North Dakota High School Mock Trial Competition Ali Zora, Administrator of the Estate of Lorik Zora, Deceased v. Apex, Inc. _______________________________________ SBAND LAW RELATED EDUCATION Changing How Students Think Case Problem for 2017-2018 Adopted from the Virginia High School Mock Trial Program With much appreciation to the author of this problem Catherine E. Donnelly, Esq. Mock Trial Chair, Virginia Law Related Education
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State Bar Association of North Dakota High School Mock Trial Competition
Ali Zora, Administrator of the Estate of
Lorik Zora, Deceased
v.
Apex, Inc. _______________________________________
SBAND LAW RELATED EDUCATION Changing How Students Think Case Problem for 2017-2018
Adopted from the Virginia High School Mock Trial Program
With much appreciation to the author of this problem
Catherine E. Donnelly, Esq. Mock Trial Chair, Virginia Law Related Education
2
Statement of the Case
Life can be a real grind! On July 26, 2017, Lorik Zora, a Thessian national living and working in the United States on an H-2B Temporary Working Visa, was injured while working at a restaurant called Grinderz in North Dakota. He was injured while using the Apex 4600 Industrial Meat Grinder (the “Meat Grinder”), a machine designed to grind large quantities of meat and vegetables. Lorik’s hand got caught in the blades of the machine and paramedics had to free him. He was rushed to the hospital, but because Lorik Zora had a rare blood condition called hemophilia he died as a result of his injuries. It is not clear how the accident happened. Lorik’s closest living relative, Ali Zora, sued Apex, Inc., claiming the meat grinder was defective. Ali alleges that the machine’s safety features were too easy to bypass and that the warning labels were inadequate. Apex, on the other hand, asserts that Lorik deliberately ignored the safety features and used the grinder in a way that they couldn’t predict. Who is right and who will prevail? The plaintiff’s legal team must decide whether to base its legal theory on defective design, inadequate warning labels, or both. The defense’s legal team must decide how to respond and must consider whether someone else’s actions may have been the real culprit. Below are the available witnesses. Each side must call all three witnesses, but may do so in any order. All witnesses have unisex names and may be played by either gender.
Plaintiff Witnesses Ali Zora
Sam Myers Madison Lambert
Defense Witnesses Dani Winters
Loren Michaels Sydney Applegate
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Special Instructions
The following instructions provide important information and guidelines for the teams. These
instructions are NOT an exhibit and may NOT be entered into evidence nor referenced during
competition rounds. However, the teams are bound by these instructions and any act that
contravenes these instructions during a round will be deemed a violation of the mock trial rules
and may be grounds for a post-trial deduction of points. A dispute that arises under these
instructions is the only time a copy of these instructions may be provided to the presiding
judge.
1. Because the true plaintiff in this case, Lorik Zora, is deceased, each plaintiff’s team may
utilize a photograph of Lorik Zora. The photograph must comply with the following
guidelines and may NOT be offered into evidence (it may be used for demonstrative
purposes only):
a. The photo must depict ONLY Lorik Zora and no other individual.
b. Lorik Zora must be male and appear to be approximately 18 years old.
c. The photo may not be larger than 8 ½ inches by 11 inches (the size of a regular
sheet of paper). It may, however, be smaller.
d. Only one photo may be used.
e. A sponsors/coaches meeting will be held at the beginning of the tournament. At
the end of that meeting sponsors/coaches will be asked to submit the photo of
the plaintiff that their teams wish to use. The Tournament Director will examine
each photo. The Tournament Director may reject a photo if it does not comply
with these rules or is otherwise unfairly prejudicial. The Tournament Director
has the sole authority to accept or reject a photo. Teams may bring multiple
options in case one is rejected.
f. If the photo is acceptable, the Tournament Director will place a special stamp on
the back of the photo. Any photo not bearing this stamp cannot be used during
the tournament. The plaintiff team should show the defense team the photo
before the start of each round to demonstrate that it bears the stamp of
approval. The defense team may also ask to see the photo in order to verify the
stamp. The plaintiff team may not refuse to show the photo prior to the round
and then surprise the defense with it during the round.
2. Thessia is a fictional country that has been created for this case. Thessian is the official
language of the country. The plaintiff team is permitted to invent a culture and
geographical location for Thessia that may be referenced by their witnesses and all
subsequent witnesses. As always, these inventions of fact may not be material to the
case.
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3. The plaintiff may only argue a theory of strict liability based on defective design and/or
inadequate warning labels. The law as stated in the jury instructions is binding and
should be used to guide the parties. The plaintiff may argue defective design or
inadequate warning labels or both.
4. The affidavits have been signed by the person listed in the title of the affidavit (and
undersigned at the bottom) and properly notarized. No witness may state that his or
her signature does not appear at the end of his or her affidavit, and he or she must
agree that they gave the statement and signed it if asked.
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Stipulation of Facts
The parties have stipulated to the following facts in this case. A copy of this document may be submitted into evidence by any party at any time.
1. Lorik Zora was pronounced dead at 7:48pm on July 26, 2017, at St. Mary’s Hospital. The cause of death was blood loss from multiple lacerations on his right hand and forearm. Lorik Zora had severe hemophilia – a rare condition that prevents blood clotting and can result in the body not being able to stop bleeding.
2. The parties agree that all of the exhibits in this case are what they purport to be. The parties waive all objections to authenticity. However, the parties reserve any other objections that may apply.
3. Pursuant to the agreement of the parties and by court order, this case has been bifurcated. The initial trial will be on liability only and a separate trial on damages will be held only if the plaintiff prevails.
4. The meat grinder involved in the incident was an Apex 4600 Industrial Meat Grinder. The meat grinder was manufactured and sold in 1967 by Apex, Inc. Although Grinderz was not the original purchaser of the meat grinder, the parties stipulate that the original purchasers did not alter the machine in any way.
5. The Exhibit labelled “Apex 4600 Industrial Meat Grinder Factory Model” is a photograph of what the meat grinder would have looked like when it shipped from the factory. It is not a photograph of the actual meat grinder involved in the incident. There is no photograph of the actual machine because the machine was destroyed by paramedics. If the photo is admitted into evidence, then either party may request a limiting instruction to the jury that the photo is not of the actual machine involved in the incident and is merely for illustrative purposes.
6. The parties have conferred and agreed on the jury instructions provided in this case. The parties agree that the jury instructions are an accurate statement of the law. A copy of the jury instructions may be provided to the judge and may be referenced during closing statements or during objections.
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Affidavit of Ali Zora
My name is Ali Zora and I am the closest living relative of Lorik Zora. Lorik’s mother was 1
my sister, and Lorik was my nephew. Although I was born and raised in Thessia, I came to the 2
United States for college. After completing college, I decided to immigrate to the United States 3
permanently and have lived here ever since. I am the only person in my family to live outside of 4
Thessia. Although Thessian is my native language, I am completely fluent in English. 5
Lorik was a wonderful person and I loved him like a son. He was born and lived most of 6
his life in Thessia. I would see him whenever I went back to visit family, and I would often speak 7
with him on the phone or via Skype. Lorik’s parents passed away in a tragic car accident when 8
he was 18 years old. He was devastated, and I could tell that he was feeling lost without them. 9
Coming to America when I was 18 was the best thing to ever happen to me, so I suggested that 10
Lorik come stay with me. I thought it would be a chance from him to start a new life. 11
Lorik and I worked together to obtain a work visa for Lorik, and once all the paperwork 12
was complete he came to live with me in the United States. To my knowledge, Lorik had never 13
been outside of Thessia before coming to live with me. Coming to America was both exciting and 14
scary for Lorik, and it definitely was a culture shock. He did not speak English very well. Like 15
most children in Thessia, he had taken English as a course in school but never became proficient. 16
He also knew a few phrases from TV shows or movies or music from America. The language 17
barrier made it hard for him, but Lorik was eager to learn and I was giving him English lessons at 18
home. Most of the time we would speak Thessian at home, but I would try to mix in English and 19
get him used to the language. Lorik seemed to struggle with stringing sentences together, but 20
he had a pretty good vocabulary. I definitely think he would have recognized the words 21
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“warning,” “caution,” and “danger” if he saw them; at the very least he would have known the 22
words have to do with safety, and he probably would have asked someone to explain the 23
meaning to him. 24
When Lorik came to live with me, our ultimate hope was that he would assimilate into 25
American culture, become proficient in English, and eventually apply to college. Lorik really 26
believed in the American dream. He wanted to put his parents’ deaths behind him and create a 27
new and better life for himself. He wanted to start a family and raise his children here. It tears 28
my heart out that he will never get that chance now. 29
To help Lorik get used to America and to try to improve his English, I helped him get a job 30
at Grinderz. It is well known in the community that Grinderz hires a lot of Thessian immigrants. 31
I figured it would be the perfect job for Lorik because there would be plenty of people who spoke 32
Thessian who could help him out, the job didn’t require any special skills, and he could start 33
saving money for his education. Lorik began working in the kitchen and worked at Grinderz for 34
about three months before the accident. I don’t really know anything about what Lorik did on a 35
daily basis at work or anything else that went on at Grinderz. 36
On July 26, 2017, I received a phone call that would change my life forever. I got a call 37
from Dani Winters, the manager at Grinderz. Winters told me that there had been an accident 38
at the restaurant and that Lorik was hurt. I asked Winters what that meant. Winters said 39
something vague about Lorik’s hand or arm getting caught in a machine. Then Winters told me 40
that paramedics had taken Lorik to St. Mary’s Hospital. After saying that I should probably go to 41
the hospital, Winters hung up. 42
I immediately hopped into my car and drove to the hospital. I was terrified – especially 43
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because I didn’t know what to expect. I also knew that Lorik had severe hemophilia. He took 44
medication to keep it under control. When I got to the hospital, I rushed inside and explained 45
that I was looking for my nephew. I also told the receptionist about his hemophilia so that he 46
could tell the doctors. I discovered that Lorik had been taken to the intensive care unit and I was 47
told to wait. I waited for twenty minutes. It was the longest twenty minutes of my life. Then a 48
doctor came out and told me the worst thing I could possibly hear: that Lorik had died from blood 49
loss. 50
When I asked what happened, the doctor told me that, according to the paramedics, 51
Lorik’s hand and arm had been trapped in a meat grinder at Grinderz. They had to dismantle the 52
machine to free him, which took time, and then had to transport him to the hospital. They didn’t 53
know about the hemophilia until I arrived, but by then it was too late. Lorik had lost too much 54
blood, and he died before they could save him. 55
I feel so guilty about what happened. I keep thinking that if I hadn’t encouraged Lorik to 56
come to America, if I hadn’t gotten him that job, then he might still be alive. Not only did I lose 57
my sister, but then I lost her son when I should have been taking care of him. 58
But I also blame Apex, and I blame Grinderz too. Apex made the machine that killed Lorik 59
and they should have designed it so that something like this could never happen and included 60
better warnings. Grinderz should have trained Lorik better, and they should have been watching 61
out for him. I want to hold Apex and Grinderz responsible for what they did. I want them to pay 62
for what they did to Lorik and what they did to me so that someone else’s son or nephew does 63
not get injured or killed.64
(signature on following page)
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Subscribed and sworn before me this 23rd day of August, 2017
__________/s__________
Ali Zora
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Affidavit of Sam Myers
My name is Sam Myers. I used to work at Grinderz, and I worked with Lorik Zora. I quit 1
because after seeing what happened to Lorik I just couldn’t stay there anymore. 2
I am still in high school and worked at Grinderz part-time as a server. I was born in 3
America but my mom is Thessian. My parents met when my dad studied abroad in Thessia and 4
eventually they got married and settled down in America. We speak Thessian a lot at home so I 5
am fluent in both Thessian and English. That really came in handy at Grinderz because they hire 6
a lot of Thessian immigrants. When I was waiting tables I mostly spoke English with the 7
customers, but back in the kitchen people pretty much only spoke Thessian. 8
Lorik started working at Grinderz sometime in the Spring of 2017. He worked in the 9
to be done. I really liked Lorik. He was a little shy, which I always assumed was because he had 11
not been in America long, but he was really nice. He would always ask me how I was doing, and 12
he would often ask my advice about American culture. It was kind of cool being able to show 13
him the ropes even though I was a little bit younger than he was. He never treated me like a kid. 14
New employees are usually trained by Dani Winters, the manager at Grinderz. I didn’t 15
see Dani train Lorik, but if it was anything like my training, then it wasn’t that thorough. You 16
basically had to learn by doing at Grinderz. I think Dani spent like half an hour, tops, on my 17
training. The other employees had to pick up the slack and show me what to do. From what I 18
saw, that was how it was for everyone who started working there. 19
Anyway, I’d been around long enough by the time Lorik started that I knew I would need 20
to help him out. Even though I’m a server, I often helped out in the kitchen during the slow hours. 21
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I would usually pitch in before the hectic dinner shift so that things would go more smoothly 22
when I was actually serving. I knew how to operate all of the appliances in the kitchen. I showed 23
Lorik how to use the industrial washing machine and how to do basic food prep. A lot of food 24
prep is really gross. For example, we make our own ranch dressing in-house and it requires using 25
these commercial-sized drums of mayonnaise. It’s disgusting. Or de-veining and de-pooping 26
shrimp; ugh, I’ll never eat shrimp again. 27
One job managed to combine being gross with also being really boring: meat prep. 28
Grinderz had this huge meat grinder from Apex, Inc., and we would grind our own meat in-house. 29
The restaurant specializes in gourmet sandwiches so we’d always be grinding meats for that. It 30
was basically like a box with a hole at the top. The hole was maybe six inches across. You drop 31
meat into the hole, it gets ground up inside the box, and then comes out a chute on the side. You 32
can’t really see what’s inside the box when you look down into the hole, but I always assumed 33
there had to be blades and stuff in there because something had to be grinding up the food. 34
Anyway, sounds simple, right? Well, no. There was also this metal grate that normally was 35
supposed to sit over the hole at the top. The grate looked almost like a large shower drain. There 36
were spaces just wide enough for you to put small chunks through. 37
We also used the grinder to grind up vegetables, and that was never a problem. The 38
vegetables were either already a good size or could easily be cut to fit inside the grate. We always 39
kept the grate on the machine when we were grinding vegetables. The problem was grinding 40
meat. If you were trying to grind a flank of beef or a whole breast of chicken or something, you 41
would have to first cut the meat into chunks that would fit through the grate. Of course, this 42
made no sense. Meat is a lot harder to cut than vegetables and takes a long time (especially 43
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when you’re doing it at such a large volume). The whole point of the meat grinder was to make 44
the work easier, not harder. 45
Normally if you took the grate off the machine, then it wouldn’t run. That was great for 46
when it needed to be washed and stuff so that nobody would get hurt. However, if you were 47
grinding up meat, you could put the bowl on top of this switch, which was right next to the 48
opening at the top and was accessible with the grate removed. With the bowl pressing down on 49
the switch, the grinder would work even with the grate off. So, everyone at Grinderz would just 50
do that whenever they had to grind meat. We would just place the bowl or a tray on the switch 51
and then stand there and drop the meat into the unobstructed opening. This was way faster 52
than trying to cut the meat into small pieces to fit through the grate and way easier. 53
I remember teaching Lorik how to use the Apex meat grinder. I explained that he should 54
keep the grate on for vegetables but take it off for meat. That’s just what everyone did. I never 55
saw a manual for the machine, and there definitely weren’t any warning labels on it telling you 56
not to do that. I even remember one time I was trying to use the meat grinder with the grate on 57
and Dani Winters yelled at me to do it the usual way instead to speed things up. I just did it the 58
way everyone else did after that. 59
I was working at Grinderz on July 26, 2017. I was working the dinner shift. Lorik was there 60
too. I chatted with him before things got busy and everything seemed normal. After the dinner 61
rush began, I only saw Lorik from time to time when I would go into the kitchen to fetch food. At 62
one point, I remember seeing him by the Apex meat grinder. He had a bunch of chicken breasts 63
and had taken off the grate and put a bowl on the switch. I saw him start to drop chicken into 64
the machine. Lorik was pretty tall, so the top of the grinder came up to about his waist. 65
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I stopped paying attention to it because it seemed pretty normal. I had to focus on getting 66
my food out. I remember talking to the cook, making sure my order was all ready to go, when 67
suddenly I heard a horrible scream. I turned and saw Lorik sort of hunched over the meat grinder. 68
He was panicking and struggling. I was really confused at first – it felt like time was moving in 69
slow-motion, like I couldn’t really process what was happening. Then I realized that Lorik’s right 70
arm was in the meat grinder. He must have accidentally tripped or something because his arm 71
was in the opening up to his elbow. All at once everyone in the kitchen rushed to help him. We 72
tried to pull him back but his arm was caught in the blades. Luckily someone had the idea to pull 73
the plug and stop the machine, but we still couldn’t get Lorik free. 74
I pulled out my cellphone and immediately dialed 911. I told them what had happened 75
and to send an ambulance right away. It must have only been a few minutes, but it seemed like 76
forever for the ambulance to arrive. Lorik looked really bad. There was blood everywhere and 77
he looked really drained and pale. He kept asking what was going to happen. Nobody had an 78
answer. 79
When the paramedics finally arrived they had to unscrew the bolts on the machine and 80
tear it apart to get Lorik free. When I saw Lorik’s arm caught in the blades I nearly threw up. I 81
had to step out of the room. I was pretty shaken up and so much was going on; I don’t really 82
remember what all happened after that. I know the paramedics took Lorik away, and I found out 83
later that he died at the hospital. 84
I’ve thought about what happened to Lorik a lot since then. The more I think about it the 85
madder I get that there were no warnings on the meat grinder. I mean, the name of the company 86
– Apex – was bolted to the side in big, bold letters. I’ll never forget it. Would it have killed them 87
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to put a warning about the grate? 88
Anyway, I’m really sorry about what happened to Lorik. I really miss him and wish it had 89
never happened. I quit working at Grinderz the next day. I just couldn’t go back after that.90
Subscribed and sworn before me this 4th day of October, 2017
__________/s__________
Sam Myers
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Export Report of Madison Lambert
Issue:
To determine whether the design of the Apex 4600 Industrial Meat Grinder
(the “Meat Grinder”) was dangerously defective.
Findings:
The Meat Grinder is dangerously defective in two ways: (1) the design is
defective, and (2) the warning labels were inadequate. I have divided my report
to discuss each of these two defects.
Part I, Defective Design, identifies the following design defects: (1)
the feed cylinder’s diameter is too wide and allows a human hand to pass
through it; (2) the safety guard (or grate) covering the feed can easily be
removed; and (3) the safety interlock is too easily bypassed.
Part II, Inadequate Warning Labels, identifies the following label
defects: (1) the warning label is not clearly worded; (2) the warning label is
not conspicuously placed on the machine; and (3) the warning label is not made
to continue for the life of the machine.
Resources Used and Time Spent on Report:
To create this report I have consulted the following documents: (1) the
affidavit of Sam Myers, (2) the affidavit of Dani Winters, (3) the affidavit of
Sydney Applegate, (4) the Installation Diagram for the Apex 4600, (5) the
Chopper Unit Diagram for the Apex 4600, (6) the Apex 4600 Industrial Meat
Grinder Factory Model photograph, and (7) and the Standard Warning Label for
the Apex 4600 Industrial Meat Grinder photograph. I also gained access to the
same model meat grinder and used it to take measurements and deconstruct for
further inspection. I spent 40 hours on this case.
Description of Meat Grinder:
The Meat Grinder is constructed so that a feed pan, which resembles in
appearance a large sink, sits atop a boxed-in motor system. On one side the
feed pan contains an opening that connects to a funnel. This type of funnel is
often referred to as a cylinder by professionals in the field. The cylinder
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empties into a pipe that contains a horizontal worm (corkscrew blade) that
grinds up organic matter. The worm pushes the matter out of the pipe through
an opening. Over the top opening to the cylinder sits a guard-grate that is
intended to prevent objects that are too large from passing through. The guard-
grate sits atop an interlocking system and compresses a plunger1 that completes
an electrical circuit necessary for the grinder to operate. If the plunger is
not compressed, then the machine cannot run.
Part I: Defective Design
A. The Cylinder Diameter Is Too Small
At its narrowest point the cylinder of the Meat Grinder measures 4 inches
in diameter. This is large enough for most human hands to pass through.
The Meat Grinder should have been designed with what is known in the
industry as a “safety feed throat.” This would reduce the diameter of
the cylinder to 2.5 inches, too small for a human hand to pass through.
Although I was not able to test how a safety feed throat would affect the
efficiency of the Meat Grinder, the design is utilized in many household
appliances. When designing machines that utilize superior motor-power or
contain sharp, fast-moving implements, it is always the best practice to
ensure that human appendages cannot access the most dangerous parts of
the machine. This is best achieved by making these parts completely
inaccessible in some way.
B. The Safety Guard Is Too Easy to Remove
Apex’s one attempt to prevent human contact with the blades is the guard-
grate that sits over the interlocking system. However, this guard-grate
was far too easy to remove. It did not require any tools to disassemble
and the grate could simply be lifted off. I acknowledge that industry
standards require that the guard-grate be removable, i.e., not bolted to the feed pan, so that the machine can be washed properly. Sanitation,
after all, is an important part of design as well. Yet, Apex could have
1 Both Dani Winters and Sam Myers refer to this as a “switch” in their testimony. Although
it is clear what they are referring to in their own layman’s term, the proper industry term
for this part of the machine is “plunger.” A switch typically describes an input device that
allows a user to select between one of two positions (i.e., an on/off switch), and the switch typically stays in that position until manually altered. A plunger, like the one used by the
Meat Grinder, is an input device that alters a default setting when compressed. For example,
the Meat Grinder’s default state is not to run an electrical circuit unless the plunger is
compressed by the safety gear.
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done more to make the guard-grate harder to remove. For example, requiring
minor tool usage to remove the guard-grate does not violate industry
standards and would have deterred inadvertent removal. Another solution
might have been to design the guard-grate so that it had to be screwed
into place. While determined employees could still remove the guard-
grate, the additional effort might have given them pause and reason to
wonder whether the guard-grate was there for safety purposes.
C. Bypassing the Interlock Is Too Easy
I applaud Apex for taking the precaution of designing an interlock system.
In theory, conditioning the electrical circuit on the presence of the
guard-grate was a great design choice. However, as this case well
illustrates, the interlock system was too easy to bypass. Employees at
Grinderz were able to bypass the interlocking system by placing a bowl or
other object on top of the plunger. It would have been better to design
a system whereby the guard-grate was absolutely required to complete the
system. This could have been achieved by designing a slot which the
guard-grate fit into rather than a plunger on top of which it sat.
Essentially, the guard-grate would act as a key in a door lock. Although
this would be more expensive to manufacture than the current system, it
would have been considerably safer.
Part II: Inadequate Warning Label
When the Meat Grinder shipped from the factory in 1967 it would have had a
single warning label affixed to the side, near the control switch. This warning
label is white and yellow and contains the industry standard symbol for moving
parts capable of crushing. I have identified three problems with this label.
The label violates the three C’s of good warning label design: clear,
conspicuous, and continuing.
A. The Warning Label Is Not Clearly Worded
Throughout my career I have learned that warnings are most effective if
they contain plain language that does not go above a fifth grade level.
Simple words that clearly convey the danger are the best practice. The
Apex warning label does not clearly convey the danger, which is that
sticking one’s hand inside the cylinder could lead to contact with the
blades, resulting in personal injury or even death. The warning, as
worded, would likely not be clear to the average, native English speaker;
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it almost certainly would not be clear to a non-native English speaker.
While the word “cylinder” may be the industry-appropriate term for the
funnel on the Meat Grinder, it is not a term with which most lay people
would be familiar. As evidenced by the affidavits of Dani Winters and
Sam Myers, the employees at Grinderz tended to think of the cylinder as
just a “hole” in the machine. The term “electrical interlock” is
also far too technical. Although some employees may have reasoned that
the plunger was part of an electrical circuit, many lay people probably
would not have reached the same conclusion. Apex made the mistake of
putting too much technical jargon on the warning label and thus rendering
it ineffective. The only redeeming quality of the warning label design
is the use of the international symbol for parts capable of crushing.
Although this does not accurately convey what would happen if an appendage
came into contact with the blades, i.e., that said appendage would be cut, it does convey danger and the possibility of injury.
B. The Warning Label Is Not Conspicuously Placed
It is worth noting that there was only one warning label on the Meat
Grinder, and that label was placed next to the on/off controls. According
to the affidavit of Sam Myers, the top of the Meat Grinder came up to
Lorik Zora’s mid-torso. This would have put the label well below eye
level. Warning labels are most effective when they are placed somewhere
where they are impossible to ignore. I would have placed the label
somewhere near the top of the machine, near the feed cylinder so that an
operator would be forced to see it when he or she looked down.
C. The Warning Label Is Not Continuous
The warning label was affixed to the Meat Grinder in the form of a sticker
and therefore was not designed to be continuing. A machine like the Apex
Meat Grinder is built to last decades. A good warning label should
continue for as long as the product continues. In this case, the label
would need to withstand decades of machine use. With that in mind, I
cannot imagine why any product designer would deem a sticker to be
sufficient. It is my understanding that at the time of Lorik Zora’s
death, the warning label was no longer on the Meat Grinder. Dani Winters
supposes that it washed off, but no one appears to know when or how it
happened. It is entirely probable that Lorik Zora never saw the warning
label at all.
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Conclusion:
The Meat Grinder is dangerously defective due to defective design and
inadequate warning labels. The design is defective due to the diameter of the
cylinder which permits a human hand to reach the worm, the ease by which the
safety guard can be removed, and the ease by which the safety interlock can be
bypassed. The warning label is inadequate because it violates the three C’s
of warning label design: it is not clear, conspicuous, and continuous. For
these reasons the Meat Grinder is dangerously defective and it is my opinion,
based upon a reasonable understanding of the case, that these defects
proximately caused the injury to Lorik Zora.
I am available for any further questions or inquiries.
Sincerely,
Madison Lambert
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Curriculum Vitae of Madison Lambert
Education
• B.S. in Mathematics, cum laude, Northwestern University (1990)
• M.S. in Mathematics, Northwestern University (1995)
Certifications and Other Qualifications
• Certified Manufacturing Engineer
• Member and Course Instructor for the American Society of Mechanical Engineers