On or about May 7th, Smith was working on a residential contract for Mowit, which involved cleaning up a yard that had been riddled by the May 3rd tornadoes in the Oklahoma City area. In this capacity, he was assigned to complete a job with his team of removing downed limbs and other natural debris. At this time, Smith had been employed by Mowit for approximately 9 months. In furtherance of his job, Smith was operating a high-powered wood chipper manufactured by Chip-it, Inc. At some point, Smith was gathering tree branches and limbs to be mulched. After the branches and limbs were gathered, Smith placed a tree branch into the chipper that was apparently too large to be readily consumed. To assist in the movement of the branch through the chipper, Smith placed his foot on the end of the branch to push the branch through the chipper's hopper. As the branch began to move through the chipper's grinding mechanism, Smith's leg followed. Smith's leg was consumed by the chipper up to the knee. As a result of this accident, Smith lost his leg up to just above his knee. Chip-it's wood chipper design included multiple warning signs which separately included the following language: WARNING: Do not place your hands, feet, or any other appendage near the grinding mechanism! WARNING! Do not allow loose clothing near the chipper while in operation! CAUTION! There is Absolutely NO REASON to place hands, feet or other appendages near the grinding mechanism! These warnings were all in big bold letters and placed in conspicuous areas on the chipper. Smith had been sufficiently trained on the chipper by his employer, however, Smith had been observed by his supervisor on occasion using his foot to push items through the chipper. Following each incident, Smith had been warned by his supervisor to not to use his foot with the chipper in this manner. Explain under which Tort Theory or Theories: Smith Mowit Chipit Percentage of Negligence % % % How Much (in $) $ $ $.

1. On or about May 7th, Smith was working on a residential contract for
Mowit, which involved cleaning up a yard that had been riddled by
the May 3rd tornadoes in the Oklahoma City area. In this capacity,
he was assigned to complete a job with his team of removing
downed limbs and other natural debris. At this time, Smith had been
employed by Mowit for approximately 9 months.
In furtherance of his job, Smith was operating a high-powered wood
chipper manufactured by Chip-it, Inc. At some point, Smith was
gathering tree branches and limbs to be mulched. After the branches
and limbs were gathered, Smith placed a tree branch into the
chipper that was apparently too large to be readily consumed. To
assist in the movement of the branch through the chipper, Smith
placed his foot on the end of the branch to push the branch through
the chipper's hopper. As the branch began to move through the
chipper's grinding mechanism, Smith's leg followed. Smith's leg was
consumed by the chipper up to the knee. As a result of this accident,
Smith lost his leg up to just above his knee.
Chip-it's wood chipper design included multiple warning signs which
separately included the following language:
WARNING:
Do not place your hands, feet, or any other appendage near the
grinding mechanism!
WARNING!
Do not allow loose clothing near the chipper while in operation!
CAUTION!
There is Absolutely NO REASON to place hands, feet or other
appendages near the grinding mechanism!
These warnings were all in big bold letters and placed in
conspicuous areas on the chipper. Smith had been sufficiently
trained on the chipper by his employer, however, Smith had been

2. observed by his supervisor on occasion using his foot to push items
through the chipper. Following each incident, Smith had been
warned by his supervisor to not to use his foot with the chipper in
this manner.
Explain under which Tort Theory or Theories:
Smith Mowit Chipit
Percentage of Negligence % % %
How Much (in $) $ $ $