Colter v. Barber-Greene Company

525 N.E.2d 1305 8 UCC Rep.Serv.2d 375, Prod.Liab.Rep. (CCH)

(Cite as: 403 Mass. 50, 525 N.E.2d 1305)

Supreme Judicial Court of Massachusetts,

Suffolk.

David E. COLTER

v.

BARBER-GREENE COMPANY et al. [FN1]

FN1. New England Road Machinery Co.

Argued Oct. 7, 1987.

Decided July 20, 1988.

Worker who suffered severe arm injuries while greasing gears of twin screw sand classifier brought products liability suit against manufacturer, prior owner, and seller. The Superior Court Department, Suffolk County, Andrew Gill Meyer, J., entered judgment finding prior owner not to have been negligent and, after granting motions for judgment notwithstanding verdict by manufacturer and seller, granted worker's motion for relief from judgment. Manufacturer and seller appealed. The Supreme Judicial Court, Abrams, J., held that: (1) evidence raised jury question as to whether negligent design of sand classifier proximately caused worker's injuries; (2) worker's admitted knowledge of dangers inherent in greasing machine without guard relieved manufacturer of liability for alleged negligent failure to warn; and (3) failure to ask jury to apportion negligence between two theories of negligence required new trial on negligent design claim.

Remanded.

*51 **1307 Richard L. Neumeier (Andre A. Sansoucy and John W. Brister, Boston, with him), for Barber-Greene Co.

Click here for the entire case on Google Scholar.