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BLANCHARD v. MONICAL MACH. CO.

Docket No. 77-2740.

84 Mich. App. 279 (1978)

269 N.W.2d 564

BLANCHARD v. MONICAL MACHINERY COMPANY

Michigan Court of Appeals.

Decided June 20, 1978.

Attorney(s) appearing for the Case

Dilley, Dewey & Waddell (by Jonathan S. Damon), for plaintiff Blanchard.

Rhoades, McKee & Boer (by Ben T. Liu), for plaintiff Associated Indemnity Company.

Hillman, Baxter & Hammond (by Joel E. Krissoff and Michael D. Wade), for defendant American Store Equipment Corporation.

Smith, Haughey, Rice & Roegge (by Lance R. Mather), for defendant Monical Machinery Company.

Before: M.F. CAVANAGH, P.J., and D.E. HOLBROOK and BEASLEY, JJ.

BEASLEY, J.

On November 29, 1974, plaintiff, a 19-year-old employee of Stow Davis hired less than two weeks earlier, was injured in an industrial mishap when he accidentally tripped an unguarded foot treadle causing an air-operated clamp to close on his thumb.

The clamp, which had been manufactured prior to 1965, was allegedly sold to Stow Davis on an "as is" basis by defendant Monical in 1974. Defendant American...

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