GERMANN v. F.L. SMITHE MACH. CO.

No. C9-85-1442

395 N.W.2d 922 (1986)

Dan GERMANN, Respondent, v. F.L. SMITHE MACHINE COMPANY, Defendant and Third Party Plaintiff, Petitioner, Appellant, Quality Park Products, Third Party Defendant.

Supreme Court of Minnesota.

November 14, 1986.


Attorney(s) appearing for the Case

Henry A. Cousineau, Jr., Bruce D. Elliot, Minneapolis, for F.L. Smithe Mach. Co.

Steven J. Kirsh, Michael S. Ryan, St. Paul, for Dan Germann.

Michael Forde, Minneapolis, for Quality Park Products.

Heard, considered and decided by the court en banc.


KELLEY, Justice.

The manufacturer properly designed an industrial hydraulic press by equipping it with safety devices. Had those devices as designed been properly attached to the hydraulic press, an operator of the machine would not have sustained an injury. The question presented is whether, under existing circumstances, the manufacturer had the legal duty to warn users or operators of the machine of the dangers inherent in its operation without having the designed...

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