PLANTE v. HOBART CORP.

No. 84-1908.

771 F.2d 617 (1985)

Michael PLANTE, Plaintiff, Appellant, v. HOBART CORPORATION and the R.M. Flagg Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 4, 1985.


Attorney(s) appearing for the Case

Edward W. Gould, Bangor, Me., with whom George Z. Singal and Gross, Minsky, Mogul & Singal, P.A., Bangor, Me., were on brief, for Michael Plante.

Glen L. Porter, Bangor, Me., with whom Arnold L. Veague and Eaton, Peabody, Bradford & Veague, Bangor, Me., were on brief, for The R.M. Flagg Co.

S. Stuart Eilers, Cleveland, Ohio, with whom Thompson, Hine & Flory, Cleveland, Ohio, John W. Ballou and Mitchell & Stearns, Bangor, Me., were on brief, for Hobart Corp.

Before CAMPBELL, Chief Judge, BREYER and DAVIS, Circuit Judges.


BREYER, Circuit Judge.

Michael Plante was the victim of a serious accident at the food processing plant of Potato Services, Inc. ("PSI"), in Presque Isle, Maine. The accident took place when potatoes clogged one of the grinding machines. Plante swung the grinder out away from the assembly line, pushed the "off" button, and put his hand into the machine to scoop out the potatoes. Unfortunately, the machine did not go off,...

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