Three years ago, Zach Greybeard purchased a power hedge trimmer to keep the
large hedges around his house from growing big enough to block the view of the street and
neighbors’ houses. He became very known for his hedge work and did some trimming of
neighbors’ hedges for a small fee. A skilled handyman with an eye to keeping his tools in
good shape, he replaced the casing on the power cord that corroded 18 months ago. He
also modified the engine to make it run more smoothly. Three months ago, there was a
power surge so the dual-action cutting blade (with a capacity to cut up to cut up to ¾”
branches) dislodged Zach from a ladder he was using to cut the top of the hedge. It cut
through his left leg to the bone, sending him to the hospital. The doctor was able to stem
the bleeding and replace the tendons, but told Zach that he would probably always walk
with a limp. He filed a suit against the manufacturer Trim Trimmers for harm caused by a
defective product. Trim Trimmers filed a countersuit with the claim that Zach’s trimmer
was beyond the one-year warranty; he had modified the original product; and he was
skillful enough to work for others – all factors that prove Zach is at fault, not the company.
Your decision as the judge in the countersuit?
