Highway Mower Thrown Object

A passenger car was traveling on a highway and passed a mower cutting weeds/grass along the right-of-way.  An object was suddenly propelled through the passenger window spraying the driver with windshield glass shards.  The object is shown in Photograph A.

         
Photograph A  Overall view of object thrown by highway mower.

Another view of the object is shown in Photograph B.

     
Photograph B  Overall view of object thrown by the highway mower.

A close-up view of the dent in the tip of the object shown in Photograph B is shown in Photograph C.

         
Photograph C  Close-up view of indentation in edge of thrown object.

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 “thrown object” investigations, the subject mower was capable of throwing the object.  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.