Robert M.N. Palmer, The Law Offices of Robert M.N. Palmer, P.C. for Plaintiffs; and Peter von Gontard, and Lyndon P. Sommer, Sandberg, Phoenix & von Gontard, A.P.C. for Defendant.

Plaintiff Kenneth Shropshire, a 47 year-old dairy farmer, was working in his fields on July 6, 1994 baling hay with his Vermeer Model 605K round baler. The twine mechanism became hung up on the left side of the machine, and Mr. Shropshire got off his tractor, with the engine running and the PTO engaged. He opened the door on the left side of the baler and tugged on the twine to free it, at which time the twine pulled his left hand 1½ ft. into an in-running nip point. Mr. Shropshire suffered traumatic amputation of the forefinger and part of the thumb on his dominant left hand.

Plaintiffs pursued a strict products liability case against Vermeer Manufacturing Company for its failure to properly design or guard its 605K round baler. Plaintiffs alleged that the twine should not have been routed in close proximity to moving chains and sprockets, especially in light of Vermeer's knowledge of the tendency of the twine to hang up, and the resultant necessity for the operator to manually free it. Plaintiffs pointed to the fact that the predecessor model to the 605K was designed so that the twine mechanism was on the opposite side of the baler, away from all moving chains and sprockets. It was demonstrated that there are numerous other round balers marketed by other manufacturers which do not have the twine routed near dangerous moving parts. Plaintiffs also, in the alternative, proposed that if the twine could not be routed away from moving chains and sprockets, then the in-running nip point should be effectively guarded.

The case was tried before a Wright County, MO jury, and on 11/22/96 Plaintiffs received a $400,000 verdict. This was the second highest verdict ever returned in Wright County.