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Products Liability Keyed Owen, 8th Ed.
Micallef v. Miehle Co.
Citation:
39 N.Y.2d 376, 384 N.Y.S.2d 115, 348 N.E.2d 571 (1976)Facts
Paul Micallef was employed as a printing press operator at Lincoln Graphic Arts, operating a photo-offset press manufactured by Miehle-Goss Dexter. The machine was 150 feet long, 15 feet high, and 5 feet wide, capable of printing at least 20,000 sheets per hour. On January 22, 1969, Micallef discovered a “hickie” (foreign substance) on the printing plate that was causing blemishes on printed pages. Following industry practice, he attempted to “chase the hickie” by applying a piece of plastic to the spinning plate cylinder while the machine was running. During this process, his hand was drawn into the “nip point” between the plate cylinder and an ink-form roller. The machine had no safety guards to prevent such occurrences. Expert testimony established that at least three different types of guards had been available for over 30 years that would not have impeded the practice of “chasing hickies” while protecting employees from injury. The defendant’s representatives had observed the machine in operation and were aware of how Lincoln’s employees “chased hickies.”
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