(Download) "Merced v. Auto Pak Co." by United States Court of Appeals for the Second Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Merced v. Auto Pak Co.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 02, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
OAKES, Circuit Judge: This appeal is in a diversity suit for personal injuries and loss of consortium1 resulting from an accident which occurred on July 13, 1972, to Felix Merced, an apartment house porter, while working at a trash compactor manufactured by the appellee, Auto Pak Co., Inc. (Auto Pak). The United States District Court for the Southern District of New York, Harold R. Tyler, Jr., Judge, set aside a verdict for the appellant Felix Merced on the issue of liability only. A special jury verdict2 had found that appellant was not contributorily negligent, that the machine was negligently designed or manufactured as well as defective and unfit to be used for its intended purpose, and that the defect proximately caused the accident which resulted in the loss of appellant's hand and part of his forearm. The court held, however, that as a matter of law there was no liability.3 We reverse and reinstate the jury verdict.
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