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Products Liability Keyed to Fischer, 6th Ed.
Burke v. Spartanics, Ltd.
Citation:
252 F.3d 131 (2001)Facts
Alphonso Burke was injured while operating a metal shearing machine manufactured by Spartanics. The accident occurred when Burke was receiving instruction from his supervisor on how to perform a particular job with the machine. Burke went to the rear of the machine to clear out cut pieces of metal that had accumulated in a ramp mounted behind the machine. Following the usual practice at Metal Etching, Burke placed his right hand on the machine’s cutting surface to gain leverage while removing the metal with his left hand. His supervisor, unaware of Burke’s position, activated the machine, severing Burke’s fingers. The ramp from which Burke was removing metal had been installed by Metal Etching, replacing the original conveyor system provided by Spartanics. With the original conveyor system, there would have been no need for workers to clear material from the rear of the machine. Burke had been using the machine for about seven months and fully understood its operation and dangers. There was a warning label on the front of the machine but not on the rear.
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