Were you aware that Ames was sued for Carpal Tunnel? - Drywall Talk - Professional Drywall and Finishing Contractors Forum

rhardman · 11-04-2009, 12:38 AM

Carpal tunnel syndrome claim goes to trial
By Knox, Maggi
Publication: American Machinist
Date: Wednesday, March 1 2000
Douglas R. Tenbarge worked as a drywall installer from 1983 to 1993. He used a tool known as an Auto Taper, manufactured by Ames Taping Tool Systems Inc. The taper, also known as a Bazooka, consisted of a 56-in. long tube filled with joint compound and tape. It was used to apply joint compound and
tape simultaneously to drywall seams. The Bazooka weighed 7 lb when empty and 20 lb when full. Operating the tool required repetitive wrist motions and the exertion of considerable pressure to apply the tape and compound.
In 1992, Tenbarge consulted a doctor about numbness in his hands and fingers. He was diagnosed with carpal tunnel syndrome. In December 1992 and January 1993, Tenbarge underwent surgery on both wrists. He returned to work in April 1993 but sustained an elbow injury and underwent a third surgery late in 1993.
In 1994, Tenbarge sued Ames, the maker of the Bazooka, claiming the taping tool was the cause of his carpal tunnel syndrome. He claimed that the tool was dangerous and that Ames had been negligent in failing to warn of the danger of injury resulting from the use of the tool. The federal trial judge granted Ames summary judgment before trial.
Tenbarge appealed, and the appellate court ruled that he was entitled to have a jury decide his case. On remand, the trial judge ruled for Ames on the failure-to-warn claim, ruling that Tenbarge failed to provide both the evidence of the Bazooka's defect and what danger Ames should have warned against. The jury then absolved Ames of Tenbarge's negligence and breach-of warranty claims.
Tenbarge appealed again. The U.S. Court of Appeals for the Eighth Circuit held the injured taper was entitled to yet another trial. Noting that Tenbarge's doctor testified that the Bazooka caused Tenbarge's carpal tunnel syndrome and that Ames did not provide any warnings concerning the possibility of repetitive stress injuries from using the Bazooka, the court held that Tenbarge had presented enough evidence to have a jury decide whether Ames was liable for his injuries.
Tenbarge v. Ames Taping Tool Systems Inc., 190 F.3d 862 (8th Cir. 1999), U.S. Court of Appeals, Eighth Circuit, July 7, 1999.

Rick
P.S. We did some research to follow up on the case and have the official court record downloadable on the upcoming site. It's way too long to put here...

http://74.86.189.137/downloads/

Don't get excited...nothing for sale...

**Darren@Partners** · 11-04-2009, 08:30 AM

Too bad it wasn't an anti-trust suit.

11-04-2009, 12:38 AM	#1
rhardman Senior Member Join Date: Jul 2009 Location: Pacific Northwest Posts: 293	Were you aware that Ames was sued for Carpal Tunnel? Carpal tunnel syndrome claim goes to trial By Knox, Maggi Publication: American Machinist Date: Wednesday, March 1 2000 Douglas R. Tenbarge worked as a drywall installer from 1983 to 1993. He used a tool known as an Auto Taper, manufactured by Ames Taping Tool Systems Inc. The taper, also known as a Bazooka, consisted of a 56-in. long tube filled with joint compound and tape. It was used to apply joint compound and tape simultaneously to drywall seams. The Bazooka weighed 7 lb when empty and 20 lb when full. Operating the tool required repetitive wrist motions and the exertion of considerable pressure to apply the tape and compound. In 1992, Tenbarge consulted a doctor about numbness in his hands and fingers. He was diagnosed with carpal tunnel syndrome. In December 1992 and January 1993, Tenbarge underwent surgery on both wrists. He returned to work in April 1993 but sustained an elbow injury and underwent a third surgery late in 1993. In 1994, Tenbarge sued Ames, the maker of the Bazooka, claiming the taping tool was the cause of his carpal tunnel syndrome. He claimed that the tool was dangerous and that Ames had been negligent in failing to warn of the danger of injury resulting from the use of the tool. The federal trial judge granted Ames summary judgment before trial. Tenbarge appealed, and the appellate court ruled that he was entitled to have a jury decide his case. On remand, the trial judge ruled for Ames on the failure-to-warn claim, ruling that Tenbarge failed to provide both the evidence of the Bazooka's defect and what danger Ames should have warned against. The jury then absolved Ames of Tenbarge's negligence and breach-of warranty claims. Tenbarge appealed again. The U.S. Court of Appeals for the Eighth Circuit held the injured taper was entitled to yet another trial. Noting that Tenbarge's doctor testified that the Bazooka caused Tenbarge's carpal tunnel syndrome and that Ames did not provide any warnings concerning the possibility of repetitive stress injuries from using the Bazooka, the court held that Tenbarge had presented enough evidence to have a jury decide whether Ames was liable for his injuries. Tenbarge v. Ames Taping Tool Systems Inc., 190 F.3d 862 (8th Cir. 1999), U.S. Court of Appeals, Eighth Circuit, July 7, 1999. Rick P.S. We did some research to follow up on the case and have the official court record downloadable on the upcoming site. It's way too long to put here... http://74.86.189.137/downloads/ Don't get excited...nothing for sale... Last edited by rhardman; 11-04-2009 at 12:49 AM.

11-04-2009, 08:30 AM	#2
Darren@Partners Super Moderator Join Date: Dec 2008 Location: KCMO area Posts: 829	Too bad it wasn't an anti-trust suit. __________________ www.partnersconstruction-drywall.com

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