MULHERIN v. INGERSOLL-RAND CO.

No. 17027.

628 P.2d 1301 (1981)

Wesley MULHERIN, Plaintiff and Appellant, v. INGERSOLL-RAND COMPANY, Defendant and Respondent.

Supreme Court of Utah.

May 4, 1981.


Attorney(s) appearing for the Case

Taylor D. Carr, Anthony M. Thurber, Salt Lake City, for plaintiff and appellant.

Richard H. Moffat, John L. Young, Salt Lake City, for defendant and respondent.


OAKS, Justice:

Plaintiff's appeal in this tort case presents two issues: alleged error in denying a motion for new trial on the basis of evidence newly discovered in plaintiff's subconscious, and the effect of a defense of misuse on a claim based on strict liability.

The injury occurred when plaintiff, an employee in mining operations, stood on a winch manufactured by defendant in order to detach chains securing drainage hoses. During that operation, a hose...

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