THE MAIN PURPOSE OF A LABOR UNION / TUTORIALOUTLET DOT COM THE MAIN PURPOSE OF A LABOR UNION / TUTORIALOUTLET | Page 105

markets a variety of pneumatic nail guns, including the SN325 nail
gun,
which discharges 3.25-inch nails. The SN325 uses special nails
designed
and sold by Senco. The SN325 will discharge a nail only if two
trigger
mechanisms are activated; that is, the user must both squeeze the nail
gun‘s finger trigger and press the nail gun‘s muzzle against a surface,
activating the bottom trigger, or safety. The SN325 can fire up to nine
nails
per second if the trigger is continuously depressed and the gun is
bounced
along the work surface, constantly reactivating the muzzle
safety/trigger.
The evidence disclosed that the SN325 double-fired once in every 15
firings.
Senco rushed the SN325‘s production in order to maintain its position
in the
market, modifying an existing nail gun model so that the SN325 could
shoot
longer nails, without engaging in additional testing to determine
whether
the use of longer nails in that model would increase the prevalence of
double-fire.
John Lakin was using a Senco SN325 nail gun to help build a new
home.
When attempting to nail two-by-fours under the eaves of his garage,
Lakin
stood on tiptoe and raised a two-by-four over his head. As he held the
board
in position with his left hand and the nail gun in his right hand, he
pressed
the nose of the SN325 up against the board, depressed the safety, and
pulled the finger trigger to fire the nail into the board. The gun fired
the
first nail and then double-fired, immediately discharging an
unintended