04-14-2010 06:52 AM - edited 04-14-2010 06:53 AM
WOOD magazine obtained the transcripts of the Carlos Osorio v. One World technologies, Ryobi, et al, and I have spent the past week reading through the 1,100 page document, as well as viewing video depositions of OWT executives.
There has been much speculation about how the accident occurred, so I've posted a couple of excerpts from the trial. In these excerpts, you'll hear how it happened, in the plantiff's own words. For privacy reasons, I've redacted some of the text.
What is not clear—even by the end of the trial—is whether the cut Osorio was making was a tapered cut, which could not have been made with the fence (but could easily be done with a simple jig), or a pure rip cut, in which case the fence should have been used.
Editorial Content Chief, WOOD magazine
04-14-2010 12:46 PM
Thank you and Wood for this.
Reading the samples you provided, Dave, too many flows happened in the court room.
Is this guy legally here? His Boss? The Vietnam guy, is he legal?
I cannot fathom Boss would let an inexperienced person train another and they both have language problems!!!
That no one showed, or told him, on how to use TS safely?!
No push sticks, fence, or miter gauge for cuts?!
No taper jig if the taper was being cut?!
I feel for the young man but he asked for it.
For college grad he sure didn't use brains much!!!
Sadly said, but he got what he 'asked' for. Heck of a life experience to learn from.
Based on this read, I do hope the previous ruling gets overturned.
04-15-2010 07:59 AM
Was school teacher for 35 years and witnessed throughout my tenure how lawyers have ruin education. If it means a buck in their greedy pockets, give them time, and they'll do the same thing to woodworking. And that you can take to the bank.
04-15-2010 08:02 AM - edited 04-15-2010 08:06 AM
Based on the transcripts, I'd say half the jury must have been sleeping. Some lawyers seem to be idiots and... [strike that from the record] (Present company excluded, of course).
I noticed they went after the deep pockets, Ryobi and Home Depot, and not the employer who failed to provide training, did not have guards installed (and probably sitting in a trash can in the owner's garage) and allowed employees to make 4000-5000 free-hand cuts.
A $159 saw. Engineered and outfitted with flesh-detecting and blade braking would be in the $1000 range and disposable once fired. Would PT Flooring buy a bunch of those? They'd probably put circular saws upside down inside a box. Once those grabbed, they'd probably hop the box and leap into the operator's chest.
And stupido -- twice you got a warning that something was not working right as the piece chattered, but you continued to try. This is what we call a clue.
04-15-2010 08:27 AM
There should have been far more detail extracted about the specifics of the training Osorio received. It strikes me that the major culpability lies with the person or persons who trained Osorio, particularly with the boss who sent him on jobs without the safety devices in place.
Osorio did NOT "get what he deserved." As far as he knew, the saw was equipped the way it was supposed to be (with no guard). I started woodworking through trial and error in my mid-twenties and didn't cut off a finger or two mostly by the grace of God. I bet we have all made dumb mistakes with our power tools and been thankful we didn't do more damage to ourselves than we could have.
That said, I do not see Ryobi as being at fault and would strongly oppose requiring Sawstop technology on all table saws. I have a Unisaw and love it exactly the way it was born.
Finally, the question of whether Osorio, the Vietnamese man or the boss were in the country illegally is about as vicious and irrelevant as it can get. Whatever the truth is about this situation, it applies to anyone regardless of where he was born. Immigrants, whether legal or not, are human beings and no more disposable than we are.
04-15-2010 08:29 AM
Sad, sad day when we blame companies for our own lack of training and common sense. When I was younger, I very stupidly fed a board through backwards to clean out a dado cut. You know what happened. Thankfully by thumb went into the blade only partially - didn't even lose the thumb! For which I thank the Lord! But I never dreamed of sueing the guy who was kind enough to loan me the table saw or the manufacturer for not making it idiot proof.
This judgment will increase liability insurance costs for manufacturers. They will have to pass on these huge cost increases to us - making equipment much more costly.
I can't believe the jury blamed the manufacturer. I could see blaming lack of training, etc - but the manufacturer? I think they were just looking for the deepest pockets with an anti-corporation bias.
04-15-2010 08:37 AM
The Jury evidently did go after the big boys, Ryobi and Home Depot. It was obviously to me that the company that employed this person was the one that should take the blame. There should be some training and the employee should show the employer that he was familiar with the saw and knew how to operate. It is a bad thing that happened to the worker. Sounds to me like the employer hires anyone they can get. They just want a warm body
to do the work and to heck with any kind of training. Ryobi and Home Depot had nothing to do with the accident. The verdict should be 25% Employee and 75% employer.
04-15-2010 08:39 AM
this illegal imigrant did every thing wrong but it's ryobi and home depot's fault.this is a perversion of american justice.this man has no constitutional rights and should be deportated.hopefully this injustice will be overturned on appeal.