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

No. C9-85-1442.

381 N.W.2d 503 (1986)

Dan GERMANN, Respondent, v. F.L. SMITHE MACHINE COMPANY, Defendant and Third Party Plaintiff, Appellant, v. QUALITY PARK PRODUCTS, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

Review Granted April 24, 1986.

Attorney(s) appearing for the Case

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

Henry A. Cousineau, Jr., Minneapolis, for appellant.

Michael Forde, E.C. Forde, Minneapolis, for Quality Park Products, third party defendant, Respondent.

Heard, considered, and decided by POPOVICH, C.J., and WOZNIAK and SEDGWICK, JJ.

OPINION

WOZNIAK, Judge.

F.L. Smithe Machine Company, the defendant in this products liability action, appeals from the judgment and from the trial court's order denying its motion for a new trial or judgment N.O.V. The jury found by special verdict that Smithe's hydraulic press was defective due to Smithe's failure to warn or instruct as to its safe use. We affirm.

FACTS

On July 21, 1982, respondent Dan Germann injured his left leg when...

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