eBook details
- Title: Brent L. Reid v. Spadone Machine Company
- Author : Supreme Court of New Hampshire
- Release Date : January 20, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is a products liability case brought to recover for personal injuries allegedly suffered as a result of a defect in the design of an industrial guillotine-type cutting machine manufactured by the defendant, Spadone Machine Company. The case, which was tried on the theory of strict liability in tort, Restatement(Second) ofTorts § 402A (1965), arose when the plaintiff suffered serious injury to one hand while operating the machine in the course of his employment at Davidson Rubber Company. A jury trial resulted in a verdict for the plaintiff in the amount of $150,000. The defendant requests a reversal of the verdict and, in the alternative, a reduction of the damages. Three issues are presented for review. First, does the evidence support a verdict of strict liability in tort; second, did the trial court err in ruling that the defendant could not argue Davidson's conduct as the sole proximate cause of the accident; and third, is the award of $150,000 so excessive as to require a remittitur.