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Products Liability Keyed Owen, 8th Ed.
Semenetz v. Sherling & Walden, Inc.
Citation:
851 N.E.2d 1170 (2006)Facts
In May 1998, S & W Edger Works, Inc., an Alabama corporation, sold a 10,000-pound band sawmill to Semenetz Lumber Mill in New York for $45,000. On July 26, 1999, Sean Semenetz caught his right hand and fingers between a sprocket and chain apparatus in the sawmill, causing partial amputation of several fingers. On October 5, 2000, Edger Works sold most of its assets, including real property, goodwill, trade names, and inventory to Sawmills & Edgers, Inc. for $300,000. The purchase contract expressly stated that Sawmills assumed none of Edger Works’ liabilities except for ordered but undelivered inventory. Sawmills manufactured sawmills at the same plant where Edger Works had produced them and retained some of Edger Works’ former employees. Its advertising described Sawmills as “formerly S & W Edger Works.” In April 2002, Bridget Semenetz commenced an action for damages on behalf of her infant son against Sawmills, Edger Works, and Sherling & Walden (Edger Works’ new name after the asset sale).
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