1. Explain the theory of the plaintiffs’ expert as to how the paper shredder was defective.

2. What is the impact of the evidence that no one is really sure how Madalyn’s hand got into the shredder?

3. Do you think Amy was negligent in her conduct?

Amy Thomas (married to Jason Thomas) purchased the MailMate Paper Shredder online from Staples.com on November 15, 2006. The shredder was manufactured, assembled, and distributed by Executive Machines d/b/a Jeam Imports. In choosing the paper shredder, Amy Thomas said that her main considerations were that the shredder be compact and easy to use. The shredder arrived shortly after the date of purchase and was placed on a countertop in the Thomas’ kitchen, routinely used there for the purpose of keeping their “junk mail” under control and securing their personal information. In using the machine, either Jason or Amy would stand in front of the counter and insert material into the machine to be shredded.

On May 25, 2008, Amy Thomas was in the process of shredding mail in the MailMate Paper Shredder when their 19-month-old daughter, Madalyn, started crying and began to pull on Amy’s leg. At this point, while the shredder was still operating, Amy picked up Madalyn and placed her on her left hip. Having made no attempt to unplug or turn off the shredder, Amy turned away from Madalyn to get Madalyn some candy; as Amy turned back around to face Madalyn, she saw that Madalyn’s left hand had become stuck in the shredder. Upon realizing that Madalyn’s fingers were stuck in the shredder, Amy unplugged the machine.

Amy does not recall whether there was noise coming from the machine when Madalyn’s fingers became stuck, whether Madalyn pulled away from her in order to reach out to the machine, or whether any portion of the envelope she had placed in the machine was still in the process of shredding. Jason was able to extract Madalyn’s hand from the shredder with the use of a crowbar. Subsequently, Madalyn was transported to Wilkes–Barre Hospital for initial examination and then transported to Hershey Medical Center, where surgery was performed. Madalyn’s two partially amputated fingers could not be reattached.

Mr. Thomas, on behalf of Madalyn (Plaintiffs), brought suit against Staple’s and the manufacturer of the paper shredder and retailer, alleging claims for strict liability, negligence, breach of express warranty, breach of implied warranty, and compensatory and punitive damages. Staples and Executive Machines (defendants) moved for summary judgment.

JUDICIAL OPINION

TUCKER, Chief Judge … Section 402A makes sellers liable for harm caused to consumers by unreasonably dangerous products even if the seller exercised reasonable care. A product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings. A product:

a. contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product; b. is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor, or a ……………………..