Barbosa v. Hopper Feed, Inc.

537 N.E.2d 99, Prod.Liab.Rep. (CCH) P 12,168 (Cite as: 404 Mass. 610, 537 N.E.2d 99)

Supreme Judicial Court of Massachusetts,

Norfolk.

Catherine BARBOSA et al. [FN1]

FN1. John P. Barbosa, her husband, and their

three minor children, Ann Margaret Barbosa, Jennifer Barbosa, and Joshua Barbosa.

v

HOPPER FEEDS, INC., et al. [FN2j

FN2. Armstrong World Industries, Inc., and Cincinnati Milacron, Inc.

Argued Dec. 7, 1988.

Decided April 18, 1989.

Worker injured while operating beveling machine brought products liability action against employer, machine manufacturer, and manufacturer of automatic feeder attached to machine. The Superior Court Department, Norfolk County, Roger J. Donahue, J., entered judgment on jury verdict for worker, and defendant appealed. On direct appellate review, the Supreme Judicial Court, Hennessey, C.J., held that: (1) evidence supported finding that automatic feeder manufacturer was liable; (2) evidence did not support daughter's loss of consortium claim; and (3) machine manufacturer was improperly added as party defendant.

Affirmed in part, reversed in part, and vacated in part.

Andre A. Sansoucy (John W. Brister, Richard L. Neumeier & Harley S. Gordon, Boston, with him), for plaintiffs.

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