(Download) "Curtis Palmer v. Hobart Corporation" by Eastern District, Division Two Court of Appeals of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: Curtis Palmer v. Hobart Corporation
- Author : Eastern District, Division Two Court of Appeals of Missouri
- Release Date : January 02, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Defendant, Hobart Corporation, appeals from the judgment, entered pursuant to a jury verdict, in favor of plaintiff, Curtis
Palmer, on a strict liability failure to warn claim. Defendant, Donald O. Schnuck, d/b/a D & E Leasing Company, appeals
from the judgment of the trial court in favor of Hobart Corporation on its cross-claim for attorney's fees, costs, and expenses
incurred in defending the products liability action. We affirm in part and reverse and remand in part. The evidence, viewed in the light most favorable to the verdict, established that plaintiff was a nineteen-year-old meat
porter who worked part-time for Schnucks Markets, Inc. (Schnucks) at one of its stores. His duties included, but were not
limited to, cleaning a Model 4152 meat grinder (grinder) which was manufactured by Hobart Corporation (Hobart). Donald O.
Schnuck, d/b/a D & E Leasing Company (D & E), purchased the grinder from Hobart and leased it to Schnucks. The
grinder operated as follows: the operator dropped meat into a cylinder and a spiral-shaped auger moved the meat down the cylinder
toward the chopping blades. The front of the grinding assembly was held in place by an adjusting ring. A guard, which prevented
an operator's hand from getting down into the auger, was mounted on a large, flat meat pan. When the meat pan was attached
to the grinder, the interlock switch was depressed and the grinder was able to operate. When the meat pan was removed, the
interlock system prevented the grinder from operating. With electric power from the wall switch on, the grinder could be started
by pressing either a foot pedal or a hand-operated start-stop button, provided the interlock switch was depressed.