A car traveling on a highway passed a mower cutting grass along the right-of-way. An object was suddenly propelled through the passenger window spraying the driver with windshield glass shards. The object thrown by the mower is shown in the photograph below.
A close-up view of the dent in the tip of the object is shown in the photograph below.
It was the contention of the defendant expert that the object was not a part of the subject mower (which was correct) and that the mower was incapable of lifting and throwing such an object (which is incorrect).
The report of Dr. Jerner stated that, based on past mower and thrown objects investigations, the subject mower was capable of propelling the object through the windshield. It was also noted that the impression, on the edge of the object, conformed to the shape of safety chains which were attached and hung around the lower edge of the mower shroud with the purpose of inhibiting foreign thrown objects. Thus, the mower safety chains did not inhibit, nor contain the thrown object.