Marques v. Bellofram Corporation

11 UCC Rep.Serv.2d 38 (Cite as: 28 Mass.App.Ct. 277, 550 N.E.2d 145)

Appeals Court of Massachusetts,

Middlesex.

Antonio MARQUES et al. [FN1]

FN1. Fatima, wife, and Lasallette and Helga,

daughters, of Antonio Marques.

v.

BELLOFRAM CORPORATION et al. [FN2] FN2. Cambridge Tool & Manufacturing Co., Inc.

No. 88-P-1072.

Argued Nov. 15, 1989.

Decided Feb. 16, 1990.

Worker injured in industrial accident, and his wife and daughter, sued supplier of industrial die which had fallen, causing injury to worker's hand. The wife and daughter sued employer, claiming damages for loss of consortium. The Superior Court, Middlesex County, John P. Forte, 1., entered judgment on jury verdict in favor of supplier and in favor of wife and daughter against employer. Aggrieved parties appealed. The Appeals Court, Kaplan, J., held that: (1) jury instructions in suit against supplier were appropriate; (2) videotape evidence as to installation of die was properly admitted; and (3) workers' compensation recovery by victim did not preclude loss of consortium action against employer by victim's wife and daughter.

Judgments affirmed.

**146 *278 Andre A. Sansoucy (John W. Brister, Boston, with him) for plaintiffs

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