Wisconsin high court tosses lawsuit o...

Wisconsin high court tosses lawsuit over mower that severed boy...

There are 46 comments on the TwinCities.com story from Jul 14, 2009, titled Wisconsin high court tosses lawsuit over mower that severed boy.... In it, TwinCities.com reports that:

The Wisconsin Supreme Court says a father who accidentally severed the feet of his two-year-old son with a riding lawnmower cannot hold Deere & Company liable for the injury.

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Danno

Minneapolis, MN

#1 Jul 14, 2009
Seems like the court came to the right conclusion, but it was a 4-2 decision. What say the 2 that wanted to hold Deere responsible for this? This should've been unanimous and I would like to know why it wasn't.
Blah Blah Blah

Minneapolis, MN

#2 Jul 14, 2009
It's a very sad and tragic accident however the parents should have watched their son more carefully. Don't go blaming manufacturers when you lack irresponsibility of your own parenting skills!
Tommy

Minnetonka, MN

#3 Jul 14, 2009
I wondered about the '2' also. Not Deere's fault.
The Desert Fox

Minneapolis, MN

#4 Jul 14, 2009
The Court was right. It's about time people take responsibility for their own actions. Yes, it is very sad that this happened to the boy, but it was the parent's fault -- not Deere's. And such an irresponsible parent wastes the time of the courts to cover his own negligence. Pathetic!
Equal Protection

Minneapolis, MN

#5 Jul 14, 2009
Blame it on global warming and sue the makers of the nasty SUV
George Thurgood Marshall

United States

#6 Jul 14, 2009
4-2 decision. So what were the 2 dissenting opinions? How about it news media? The two judges that disagreed what do they think? I know what I think of them - are you playing with a full deck?
charlie brown

Minneapolis, MN

#7 Jul 14, 2009
They should have to pay Deere's court costs. Good bet it cost a bunch if taken to high court.
Commonsense Man

Minneapolis, MN

#8 Jul 14, 2009
Wow.......a commonsense ruling!
Observer

Minneapolis, MN

#9 Jul 14, 2009
The two dissenting justices thought that the jury was given an incorrect instruction. The majority thought the insturction was unclear, but decided that the error was not serious enough to warrant a new trial.

http://www.wicourts.gov/sc/opinion/DisplayDoc...
Go John Deere

United States

#10 Jul 14, 2009
I bet it would of been much cheaper for Deere to throw in the towel and just pay them off..... but I'm sure glad they faught these people. I even bet the guy still has the mower!!
Sarah D

Saint Paul, MN

#11 Jul 14, 2009
"The decision means the family cannot get a new trial in a lawsuit that claimed Moline, Ill.-based Deere & Co. should not have allowed the mower to mow in reverse."

Too bad companies can't install a device that prevents idiots from using their products.
Bob

Minneapolis, MN

#12 Jul 14, 2009
Tragic consequence for the two-year-old, but the father was 100% responsible for this accident. The court ruled correctly. The father's attorneys should be fined for filing a frivilous suit.
merks

Saint Paul, MN

#13 Jul 14, 2009
good for the judges to rule as they did. this was complete negligence by the parents. does he back up his vehicle not looking back? same rule applies.
MN Observer

Saint Paul, MN

#14 Jul 14, 2009
Why shouldn't a lawn mower mow in reverse? Can you imagine the difficulty in mowing if the blades shut off when the transmission was switched to reverse? They would also have to make it so the reverse would not work until the blades stopped turning.(That is if they legally had to make this change for a perceived safety issue).

I would like to read the dissenting opinion.
Chief

Melrose Park, IL

#15 Jul 14, 2009
MN Observer wrote:
Why shouldn't a lawn mower mow in reverse? Can you imagine the difficulty in mowing if the blades shut off when the transmission was switched to reverse? They would also have to make it so the reverse would not work until the blades stopped turning.(That is if they legally had to make this change for a perceived safety issue).
I would like to read the dissenting opinion.
Very good point.
I was thinking this too. Not impossible, but hard on the machine.
Outsidelookingin

Grantsburg, WI

#16 Jul 14, 2009
Thank God Justice Gableman got elected to the Wisconsin Supreme Court. Anyone who thinks John Deere would have any liability in this case (2 Justices) is a moron.
Living in MN

Menahga, MN

#17 Jul 14, 2009
I feel sorry for the family, but no company can design a product that is completly idiot proof when the idiot in question goes through a proces to make the product dangerous.
Many mistakes were made:
1) The father in question should have not used the override to mow in reverse.
2) The mother should have taken steps to ensure the kids were not outside when the father was mowing.
3) The older kid should have kept the younger kid away from the mower.
4) The warnings in the manual for that mower states the dangers of mowing in reverse and that it should only be used under specific circumstances these were ignored by the father.
Cybear

Hugo, MN

#18 Jul 14, 2009
Go John Deere wrote:
I bet it would of been much cheaper for Deere to throw in the towel and just pay them off..... but I'm sure glad they faught these people. I even bet the guy still has the mower!!
No doubt they offered one, but were refused by the plaintiff.
drew15

United States

#19 Jul 14, 2009
"Justice Michael Gableman says it was a horrible accident but was caused by the "negligent use of the lawn mower and negligent supervision of the boy by his parents.""

Wow, actually holding someone accountable for stupidity; not just hosing a company for money on "feel good terms." That would probably never happen in Minnesota. I feel so sorry for this little boy, though.

Since: Apr 09

Location hidden

#20 Jul 14, 2009
This guy is obviously a terrible father - he ran his son over with a lawnmower for christs sake! Then to blame the mower? This guy is reckless and careless and should be kept away from anything sharper than a butterknife

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