SS Lathe and the 1963 Yuba Court Case

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ddvann79
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SS Lathe and the 1963 Yuba Court Case

Post by ddvann79 »

Greenman v. Yuba Power Products, Inc. (1963) 59 C2d 57

In light of some recent discussion pertaining to the liability/negligence of table saw manufacturers, I wanted to become more educated with the legal aspect of product liability. This California court case against a former manufacturer of the Shopsmith (not the current manufacturer and not the same product) had significant bearing on modern legal theory on strict liability, especially pertaining to products. Apparently, the 1955 Mark V that a wife purchased for her husband was the product in question. Regardless of our opinions of strict liability and our court system, I have some legitimate questions pertaining to this case and my 1962 Goldie (which I love).

I am sure some of you are familiar with this incident and might be able to answer some of my questions pertaining to the equipment and techniques surrounding it. The plaintiff claimed that while being used as a lathe, the work piece flew out of the machine and struck him in the forehead, causing injury.

[INDENT]The opinion states, "In 1957 he bought the necessary attachments to use the Shopsmith as a lathe for turning a large piece of wood he wished to make into a chalice." [/INDENT]

1. If the machine was purchased in 1955 and the "necessary attachments" for using it as a lathe were purchased in 1957, I assume these attachments were not the standard spur center and dead cup center that came with the machine. Does anyone know which lathe attachments were being used and if they are cause for concern?

[INDENT]The opinion also states, "Plaintiff introduced substantial evidence that his injuries were caused by defective design and construction of the Shopsmith. His expert witnesses testified that inadequate set screws were used to hold parts of the machine together so that normal vibration caused the tailstock of the lathe to move away from the piece of wood being turned permitting it to fly out of the lathe. They also testified that there were other more positive ways of fastening the parts of the machine together, the use of which would have prevented the accident. [/INDENT]

2. How could the tailstock "move away from the piece of wood" in normal use? My initial thought was that the center was not sufficiently seated into the work or tailstock. And also, what set screws are present in the tailstock that would allow for this motion? The only one I am aware of is the setscrew that holds the eccentric in position. This could potentially come loose, allow the eccentric to rotate and lose grip on the workpiece. If that is the case, it sounds like user carelessness. I noticed my 1962 tailstock has only one set screw to hold the eccentric, while today's tailstock has two. The collars also have set screws. Are they any different?

[ATTACH]12112[/ATTACH]

3. What are the "other more positive ways of fastening the parts of the machine together" that would make the lathe operation safer? For you turners out there, is there tailstock equipment that you prefer to use that would make it safer?

4. Are the modern cupped set screws better/safer than the old blunt set screws? The part number of the modern eccentric set crews is much higher than the 1058 PN in the 1962 parts list.

I suppose what I'm really asking is, what are some reasonable steps I can take to make the lathe safer? After reading this court case opinion, a sturdy face shield or mounted shield sounds like a good idea. PLEASE, let's focus on these questions of mechanics, NOT how our courts have gone bad or how lawyers have run companies out of business, at least at first. :)
Attachments
SS Tailstocks.JPG
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Dalton
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1962 MK 5 #373733 Goldie
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MikeG
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Post by MikeG »

I think that the setscrews that loosened were the ones on the way tubes. So these are the ones I would check. I found that after 30 years mine had loosened, when I noticed that the tail stock was not holding alignment.
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robinson46176
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Post by robinson46176 »

MikeG wrote:I think that the setscrews that loosened were the ones on the way tubes. So these are the ones I would check. I found that after 30 years mine had loosened, when I noticed that the tail stock was not holding alignment.


Good thought. Of the couple of dozen + that I bought when I was acquiring most seemed to be one extreme or the other. Some were so tight that it about took dynamite to get them loose. A shocking number of others were so loose that you could just slip the tubes out of the sockets without even using the wrench.
Some of the bench tube clamps had been over-tightened so bad that the ends of the tubes were crushed out of round. I don't recall any of those being too loose though.


.
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dusty
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Post by dusty »

The stop collars do very little, if anything, to secure the tailstock. The set screws (291) secure the stop collar for height adjustment. The other setscrews (289) secure the eccentric rotation.

Yes, you can develop a scenario where something moves and the work piece becomes loose as a result. I don't see that scenario, though, to be the equipment manufacturers fault.

Does the operator have any responsibility at all? It does now seem like it when you listen to these cases.

Now the headstock lock might not have been secure and if it moved the work piece could come loose but, again, is that the manufacturer's fault.

I don't really turn so there is not much more I can add to these discussion.
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JPG
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Post by JPG »

As I understand it, the way tube set screws came loose allowing the end casting to move outward causing the 'chalice' to fly off the tailstock center.

The damning detail was that Yuba Power Products (or the salesperson who sold it to his wife) extolled the safety of the shopsmith and assured her it was 'safe'. Had that not been the case I do not think the case would have been decided as it was. I believe the 'guilt' lay in the assertion of its being safe and the inadequate performance of assuring that degree of safety.

It disturbs me that as Farmer has noted there are still a lot of 'loose' setscrews including some that were not ever tightened(indicated by lack of marking by the end of the setscrew on the tube).
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Post by damagi »

I always wondered why shopsmith shipped the unit partially assembled (ie: only legs and tables removed)...I suppose this case could be one reason for that.
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Post by michaeltoc »

From the parts diagram, it appears that the pin on the dead center is removable - perhaps that is the piece that came loose?

On the other hand, "facts" presented in a court case are often far from reality - the winner is the one with the more convincing lawyer. I think most of us will agree that shop accidents are the result of operator error, trying to take shortcuts, or exceeding the limits of the tool. Yes it is terribly unfortunate that someone got hurt - but we will never know if it was the tool or the user who was at fault.

Forgive my cynicism, but it really bugs me when lawyers claim that a manufacturer was "negligent" in the design of their product - Can't you just see a bunch of engineers sitting around saying "let's design our tool so that it can maim and dismember..."
Michael

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dusty
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Post by dusty »

michaeltoc wrote:From the parts diagram, it appears that the pin on the dead center is removable - perhaps that is the piece that came loose?

On the other hand, "facts" presented in a court case are often far from reality - the winner is the one with the more convincing lawyer. I think most of us will agree that shop accidents are the result of operator error, trying to take shortcuts, or exceeding the limits of the tool. Yes it is terribly unfortunate that someone got hurt - but we will never know if it was the tool or the user who was at fault.

Forgive my cynicism, but it really bugs me when lawyers claim that a manufacturer was "negligent" in the design of their product - Can't you just see a bunch of engineers sitting around saying "let's design our tool so that it can maim and dismember..."
Yes, they work for a company named "WMD Associates".
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ddvann79
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Post by ddvann79 »

OK. It may have been the set screws on the tubes, but from 1955 to 1957? Just two years? Hmmmm. So I suppose no one is familiar with this case. After reading several other briefs and summaries of the case, the tube hypothesis seems plausible.

But the original questions remain. Are the setscrews different? Are they safer today? Is there other equipment that provides more "positive" assembly?

I found another case against the current Shopsmith, Inc. where someone sued Shopsmith for injuries occuring from an unguarded saw blade on a 1954 Mark V. The plaintiff walked past a running Mark V while wearing loose clothing and her arm was caught into to blade.

In this case, Shopsmith was not held liable for Magna's product, which is an exceptionally important decision. "Shopsmith is just too far removed from any wrongdoing to be held liable." However, the opinion warned that the tort laws of product liability pretty near apply here. Whew!

1. Show's the importance of reading the literature. I don't know how many times PTWFE, the manuals and such instruct not to wear loose clothing.
2. Yep, I'm going to acquire blade guards.
Dalton
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1962 MK 5 #373733 Goldie
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ddvann79
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Post by ddvann79 »

michaeltoc wrote:...On the other hand, "facts" presented in a court case are often far from reality - the winner is the one with the more convincing lawyer.
Excellent point and one that I considered. The courts are not experts on the correct nomenclature and the plaintiff can submit an explanation that wasn't actually the issue. The out-lawyers will run with it.

By the way, for all you guests of the forum that are reading this discussion, this is an outstanding product that has stood the test of time so much that it is still manufactured in a similar form as the original from 1953. Now that's a testimonial. It's only gotten better over time.
Dalton
Fort Worth, Texas
1962 MK 5 #373733 Goldie
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