BEMIS CO., INC. v. RUBUSH

No. 1-877A164.

401 N.E.2d 48 (1980)

BEMIS Company, Inc. and Wabash Products, Division of Bemis Company CO., INC., Defendants-Appellants, v. Gerald G. RUBUSH and Phyllis C. Rubush, Plaintiffs-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied April 16, 1980.


Attorney(s) appearing for the Case

Arthur P. Kalleres, David L. Gray, Ice Miller Donadio & Ryan, Indianapolis, C. Thomas Cone, Williams, Cone & Billings, Greenfield, for defendants-appellants.

Howard J. DeTrude, Jr., Peter G. Tamulonis, Kightlinger Young Gray & DeTrude, C. Warren Holland, John M. Choplin, II, James L. Brand, Wilson, Tabor & Holland, Indianapolis, for plaintiffs-appellees.


NEAL, Judge.

On October 19, 1971, Gerald G. Rubush (Gary) was working as a bagger on a fiberglass insulation batt packing machine for Johns-Manville Corporation. The batt packing machine was designed by Bemis Company, Inc. and Wabash Products, Division of Bemis Co., Inc. (both hereinafter referred to as Bemis). While performing his work as a bagger on the batt packer, and in the course of the batt packer's operation, Gary was struck in the head by a moving part of...

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