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Bexiga v. Havir Mfg. Corp
Facts
John Bexiga, Jr., a minor, was injured while operating a power punch for his employer, Havir Manufacturing Corporation (Defendant). His right hand was crushed during the operation of the machine, resulting in loss of fingers and deformity of the hand. At trial, an expert for the Plaintiff testified as to the fundamentally flawed design of the machine in question. The defense raised the issue of contributory negligence, which the Supreme Court of New Jersey rejected, citing considerations of justice and public policy.
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