Guylene Hardy v. Hull Corporation

Good Law
446 F.2d 34
United States Court of Appeals for the Ninth CircuitAugust 16, 197125576California595 words

Opinion

Opinion

This is an appeal from a directed verdict rendered in favor of Hull Corporation, the manufacturer of a mold press sold by Hull to Motorola, Inc., appellant’s employer. Appellant was working the press when injured, at which time her thumbs were burned and crushed after insertion in the heated press while it was in operation. Appellant urges the press was defectively designed, and relies on negligence, strict liability, and implied warranty. We affirm the directed verdict.

At the time the press was purchased by Motorola, Inc., safety gates were available for the press, but were not purchased by Motorola. Molds for use in the machine were similarly available, but Motorola chose to make and use its own. There were in evidence facts on which the trial court concluded Motorola had made modifications in the machine itself after purchase, during the five years it owned and operated it. Appel lant and all other employees had been instructed that if anything went wrong with the operation of the press, to stand back and call the operator’s supervisor. These instructions were not followed by the plaintiff in this case.

We need not delve into the questions of whether appellant was guilty of…

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