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High court tosses lawsuit over mower mishap

By ASSOCIATED PRESS   Tuesday, July 14, 2009 - 9:25 a.m.
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MADISON, Wis. (AP) — 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.

In a 4-2 decision, the court ruled that bystanders, such as the boy, do not have any greater protections than consumers from dangerous products.

The 2004 case involves a father who was mowing his yard, put his lawnmower in reverse and ran into his son. The boy now wears prosthetics on both legs.

The decision means the family cannot get a new trial in a lawsuit that claimed the John Deere lawn tractor should not have been allowed to mow in reverse.

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."




reader COMMENTS
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(21)
cpengineer
Jul 14, 2009 at 8:59 p.m.
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Well I have a sears I have to turn the key to reverse over ride, Now if I remember correctly this was developed to prevent law suits from other claims The one that uses it in revers is then responsible for there stupidity I do feel bad for the child as I went to school with a guy that had his foot cut off buy his dads mower

casey
Jul 14, 2009 at 6:47 p.m.
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My Mom has had two that quit if you tried mowing in reverse. One was a Sears not sure on the other.

facebooker09
Jul 14, 2009 at 4:41 p.m.
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My dad has a cub that if the mower deck is down it kills. if its up it will keep going. Luckly though he is smart enough to look where he is going.

Bill53511
Jul 14, 2009 at 3:52 p.m.
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Cub Cadet. I have one.

JCK
Jul 14, 2009 at 3:23 p.m.
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fusion, off the top of my head I can't recall the brand but it's sold at WalMart. The engine kills if you drive in reverse with the mowing deck down so the blade is engaged.

wisctex
Jul 14, 2009 at 1:47 p.m.
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Nice google adds.

hiredgun
Jul 14, 2009 at 1:44 p.m.
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Andrew J.

Actually it was William Shakespeare that wrote "First, we kill all the lawyers."

Lenin said "Let's kill all the fools that misquote Shakespeare."

wisctex
Jul 14, 2009 at 1:43 p.m.
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I think the names of the dissenting judges should be posted. It would save me the time of having to look up who those idiots are.

AndrewJackson
Jul 14, 2009 at 1:39 p.m.
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Didn't Lenin say,"Kill all the lawyers"?

dogs_rule
Jul 14, 2009 at 12:06 p.m.
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My John Deere will mow in reverse but ONLY with my finger on the reverse override button. If I do not push it, it will kill the engine if I try to back up.

frusion
Jul 14, 2009 at 11:56 a.m.
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JCK, what kind of tractor do you have that doesn't mow in reverse? I've never heard of that before. There must be some brands that don't mow in reverse or how would this lawyer even come up with the notion that a tractor should not mow in reverse. The next thing you know lawn tractors will require beepers like dump trucks have.

tiredofhearingit
Jul 14, 2009 at 10:38 a.m.
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This is a major victory for all of us. These lawsuites have to stop. What ever happened to personal resposibility? As tragic as this is, its still the PARENTS fault. period. Just shows I have been right for years, "you have to have a license to drive, but any idiot can have a kid"

facebooker09
Jul 14, 2009 at 10:29 a.m.
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Why was the son outside while the dad was mowing?? So many thigns can go wrong with the mover is down I wont let my kids out while my husband or the neighbors are mowing.

cardtrader
Jul 14, 2009 at 10:26 a.m.
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I feel for the poor child who in this case was a victim of his parents stupidity, I think they should put a warning label on all these products beware of dumb adults!

whoanellie
Jul 14, 2009 at 10:23 a.m.
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I feel sorry for this little boy for the hardship he must have, on the other hand, why didn't the dad look behind him before moving? He must have known that the mower mowed in reverse from other times. This is trying to get someone else to pay for our neglect. While I know this dad must feel awful for it, he did it not the company.

garyprimer
Jul 14, 2009 at 10:09 a.m.
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Mowing in reverse is only dangerous if you don't look back. Mowing forward can be just as dangerous if you don't look where you are going.

Bigmike
Jul 14, 2009 at 9:56 a.m.
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Wow. Should have never made it this far. What a waste of taxpayer dollars. Makes you realize that even in a recession, lawyers still make money.

lovemycountry
Jul 14, 2009 at 9:55 a.m.
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Mowing in reverse is how you finish up small spaces. It reduces your time and carbon emissions, too.

JCK
Jul 14, 2009 at 9:47 a.m.
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I agree with the decision however I also feel that the mower shouldn't be mowing in reverse. My mower automatically shuts off if it's in reverse and the blade is mowing and it's a heck of a lot cheaper model than any of John Deere's mowers.

sannio
Jul 14, 2009 at 9:38 a.m.
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Good

beeferer
Jul 14, 2009 at 9:34 a.m.
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Justice was served. Too many people are sue-happy to cover their own ignorance. Sorry about the kid being a victim of his father's stupidity.

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