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Products Liability Keyed to Fischer, 6th Ed.
Bexiga v. Havir Manufacturing Corp.
Citation:
290 A.2d 281 (1972)Facts
John Bexiga, Jr., an 18-year-old high school junior, was employed at Regina Corporation working nights after school. On June 11, 1966, after working on a drilling machine, he was reassigned to operate a Havir punch press that he had never used before. The press, manufactured by Havir in 1961, was sold without any safety devices except a flywheel guard. Bexiga’s job required him to place metal discs on the die by hand and then depress a foot pedal to activate the ram, which would descend and punch holes in the disc. After operating the machine for about 40 minutes and completing approximately 270 cycles, Bexiga noticed a misaligned disc and attempted to adjust it. While doing so, his foot inadvertently pressed the pedal, causing the ram to descend and crush his right hand, resulting in the loss of fingers and permanent deformity. The plaintiffs’ expert testified that the press was a “booby trap” without safety devices and described two basic types of protective mechanisms that were known in the industry at the time of manufacture: a two-hand push-button device and a guardrail or gate system.
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