Wilkinson

In this personal injury action plaintiff Robert E. Wilkinson appeals from a judgment on a jury verdict in favor of defendant Robert N. Hicks, doing business as Hicks Machinery Company. Plaintiff was injured in the course of his employment with Mac Smith Company when a punch press plaintiff was operating crushed his hand. The punch press, which was more than 50 years old, had been sold to plaintiffs employer by defendant Hicks, a dealer in used machinery. The jury found in favor of defendant on plaintiffs causes of action for negligence and breach of warranty. Plaintiff contends that the trial court erred in determining that plaintiff had no cause of action for strict products liability and in refusing to submit that issue to the jury.

In normal operation of the machine, the operator placed a sheet of metal into the press and activated the machine by placing both hands on the dual palm control levers. The ram would come down once and stamp or punch the part, then go back up and stop. The operator would remove the finished product with his left hand. In this case as plaintiff was removing the product with his left hand the machine spontaneously started cycling again,…