Using Bernier v. Boston Edison to Teach Undergraduate Engineering Students about Professional Responsibility
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 134, Issue 4
Abstract
The matter of design fault is presented in a timeless case from the Supreme Judicial Court of Massachusetts regarding a concrete light pole. The detail in the printed ruling provides engineering students with remarkable insight into the design process and the failure of that process to adequately consider the potential of product failure and the impact on both automobiles and pedestrians. The court had strong opinions on the failure of Boston Edison design engineers. Students readily understand the impact of omission of foreseeability of design failure, and the case thus serves as a discussion prompt in considering engineering professionalism and potential legal consequences.
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Acknowledgments
The writer thanks his colleagues Professor Bob Ackerman of the Penn State Dickinson School of Law, Assistant Professor Shirley Clark of the Penn State Harrisburg School of Science, Engineering and Technology, and his wife, Martha, of the Penn State Harrisburg Library, for their most helpful comments on previous drafts of this work.
References
Accreditation Board of Engineering and Technology (ABET). (2007). “2007–2008 criteria for accrediting engineering programs.” ⟨http://www.abet.org/forms.shtml⟩ (July 21, 2007).
Bernier v. Boston Edison, 380 Mass. 372; 403 N.E. 2d 391 (S. D. Massaehusetts, 1980).
Dobbs, D. B., and Hayden, P. T. (2005). Torts and compensation. Personal accountability and social responsibility for injury, 5th Ed., West Group, St. Paul, Minn.
Henderson, J. A., Jr. (1973). “Judicial review of manufacturers’ conscious design choices: The limits of adjudication.” Columbia Law Rev., 73, 1531–1578.
Henderson, J. A., Jr., and Twerski, A. D. (2000). Products liability. Problems and process, 4th Ed., Aspen, New York.
Lewis v. Coffing Hoist, 515, Supplement 334; 528 A.2d 590 (S. D. Pennsylvania 1986).
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© 2008 ASCE.
History
Received: Nov 1, 2007
Accepted: Jan 3, 2008
Published online: Oct 1, 2008
Published in print: Oct 2008
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