Garcia

INTRODUCTION

In 1973, the defendant bought “slitter line” machinery for use in operating its steel business. After 26 years, the defendant sold the slitter line to another company. After that company ceased operations, the equipment was repossessed by the bank and then bought by the plaintiff’s employer. In 2004, the plaintiff was injured and sued the machine’s original owner for negligence and “wanton, reckless and conscious disregard of safety,” but the original owner moved for summary judgment, arguing it owed the plaintiff no duty. The trial court granted the summary judgment motion, and the plaintiff appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In October 2004, in the course of his employment at Lexwest, Elias Garcia was injured while using a machine on a “slitter line” manufactured by Cincinnati Incorporated and owned by his employer. 1 As a result, his left index finger was amputated.

The original slitter line was sold to Becker Bros. Steel Supply Company in 1973, and Becker Bros, operated the fine for 26 years. 2 In 1984, the Shama *478 Partnership, predecessor to Shama LLC, purchased an additional component machine (a “tension stand” or “tensioner”)…