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Products Liability Keyed Owen, 8th Ed.
Reed v. Carlyle & Martin, Inc.
Citation:
202 S.E.2d 874 (1974)Facts
On September 29, 1970, Grayson Reed, a 50-year-old experienced farm laborer, was injured while working with an ensilage wagon that had been purchased by his employer from Carlyle & Martin, Inc. The wagon was manufactured by Grove Manufacturing Company. When the wagon malfunctioned due to broken drag chains, Reed and a coworker attempted to manually unload it. While the tractor was running and the beaters (metal rods with attached spikes) were in operation, Reed chose to stand on the slippery ensilage and throw it into the exposed beaters because he considered it the “easiest” and “quickest” way. He created a sloping bank of ensilage toward the beaters, and when the material under his feet gave way, he fell into the moving beaters, suffering severe injuries. Reed admitted in his deposition that he was familiar with this type of equipment, having worked with similar wagons before, though he claimed he “didn’t feel any danger” about working near the beaters.
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