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ELLISON v. NORTHWEST ENGINEERING CO.

No. 82-5475.

709 F.2d 681 (1983)

Willie ELLISON and Mary Ellison, Plaintiffs-Appellants, v. NORTHWEST ENGINEERING COMPANY, A Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied September 7, 1983.

Attorney(s) appearing for the Case

Alison C. Weinger, Kurzban & Kurzban, Steven Weinger, Miami, Fla., for plaintiffs-appellants.

Edward R. Nicklaus, Dixon, Dixon, Hurst, Nicklaus & Webb, William R. Wicks, III, Miami, Fla., for defendant-appellee.

Before VANCE and HENDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

VANCE, Circuit Judge:

On January 4, 1980, while Willie Ellison was lubricating the gears of a dragline, his feet slipped and he fell into two moving gears amputating his right forearm. Ellison was employed by Rocco Construction Company, Inc., whose president, Dennis Roland, owned the dragline.

The dragline was a Model 6, serial number 19820, manufactured by Northwest Engineering Company (Northwest) in 1957 when it...

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