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TUTTLE v. U. S. SLICING MACHINE COMPANY

No. 9343.

335 F.2d 63 (1964)

Ronnie R. TUTTLE, an infant under the age of twenty-one years, who sues by Lucille Taylor, his mother and next friend, Appellant, v. U. S. SLICING MACHINE COMPANY, a foreign corporation, Saunders Super Market, Inc., and The Proctor-Silex Corporation, a Connecticut corporation, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 10, 1964.

Attorney(s) appearing for the Case

Edwin Jay Rafal and Roger T. Williams, Norfolk, Va. (F. T. Stant, Jr., and Parsons, Stant & Parsons, Norfolk, Va., on brief), for appellant.

Harry E. McCoy, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellee U. S. Slicing Machine Co.

William L. Shapero and Harold P. Juren, Norfolk, Va. (Shapero & Shapero, Norfolk, Va., on brief), for appellee The Proctor-Silex Corporation.

Allan S. Reynolds, Norfolk, Va. (White, Ryan & Reynolds, Norfolk, Va., on brief), for appellee Saunders Super Market, Inc.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BRYAN, Circuit Judges.

PER CURIAM:

Having lost his right forearm as he operated a commercial meat grinder in a Norfolk, Virginia, supermarket, Ronnie R. Tuttle, 17, now appeals from a summary judgment of the District Court denying him recovery from the manufacturer and vendor of the machine. The action charged negligence to the defendants on the premise that the device was inherently dangerous and no warning of the danger had been given by the maker and seller to those who foreseeably would...

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