tort class notes 4,12

Tort class notes - Cepeda v cumberland eng(p858 Worker lost finguers used machine without safty guard Guard was bolted Acc to plaintiff the guard

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Cepeda v cumberland eng (p858) Worker lost finguers, used machine without safty guard. Guard was bolted. Acc to plaintiff the guard was removed with some frequency. P knew that guard was off but didn’t know what it was for. D said told him. P said knew machine could take hand off. P had expert that said machine was unsaftly designed. Should have had an interlock device. Jury find that his conduct wasn’t proximate cause of his being hurt. Jury find that machine wad defectively design. Here there was evidence that the manufacturer should have knowb that safty guard may be removed and work continue. If jury believed that, then if removes it frequently, then person who made that machine should have forseen it. Car crashes, drive carelessly, accident, rolls over, crushed bec. Roof caves in, I say auto should be made with stronger top, auto says we make cars htat don’t crash. don’t listen. P needs to prove she did not abnormally use it.
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This note was uploaded on 05/05/2008 for the course LAW 1 taught by Professor Hollister during the Fall '04 term at Fordham.

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Tort class notes - Cepeda v cumberland eng(p858 Worker lost finguers used machine without safty guard Guard was bolted Acc to plaintiff the guard

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