SPEED FASTNERS, INC. v. NEWSOM

No. 8827.

382 F.2d 395 (1967)

SPEED FASTNERS, INC., a corporation, now doing business as the Speed Fastners, Inc., a foreign corporation, a division of Elco Tool and Screw Corporation, Appellant, v. Ray NEWSOM and American Employers Insurance Company, Appellees.

United States Court of Appeals Tenth Circuit.

September 26, 1967.


Attorney(s) appearing for the Case

Paul C. Duncan, Oklahoma City, Okl. (Robert S. Baker and Pierce, Duncan, Couch & Hendrickson, Oklahoma City, Okl., of counsel, on the brief), for appellant.

Don Manners, Oklahoma City, Okl. (James D. Grigsby, Oklahoma City, Okl. of counsel, on the brief), for appellees.

Before WILBUR K. MILLER, LEWIS, and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The jury awarded appellee-plaintiff Newsom $100,000 in damages for injuries received in an industrial accident occurring in Oklahoma. A fellow workman was using a powder-loaded gun to drive studs through a steel I-beam for the purpose of attaching a 2 × 6 piece of wood thereto. The head and shank of the stud separated with the shank ricocheting out of the wood and striking the plaintiff. Suit was brought against the manufacturer of...

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