Burnelle

Plaintiff, Lindsay Paul Burnelle (Burnelle), appeals from a judgment in favor of Continental Can Company, Inc. (Continental), following the hearing of Continental’s motion for judgment on the pleadings.

On April 1, 1983, Burnelle was employed by Continental as a seamless can line maintainer. His job was to watch the flow of cans, remove jam ups and to perform routine maintenance on the machines. During the course of his employment, he reached into a can necking machine to remove a piece of scrap which had become lodged inside. He hit the jog button which started the machine and his hand was pinched between a hose clamp and the base of the machine.

On May 3, 1983, Burnelle filed an application for adjudication of claim with the Workers’ Compensation Appeals Board alleging an injury sustained when his hand was caught in a machine.

On June 29, 1983, Burnelle filed a complaint for personal injuries against Continental in the superior court. In two separate counts, he alleges his employer knowingly removed or knowingly failed to install a “point of operation guard” on a power press, in violation of Labor Code section 4558, and as a result of his employer’s violation of this…