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CROUNSE v. STIMPSON COMPUTING SCALE CO.

No. 84-CV-1506.

675 F.Supp. 62 (1987)

Kathy CROUNSE and David Crounse, Individually and as Parents and Natural Guardians of David Jason Crounse, Jr., an Infant, Plaintiffs, v. STIMPSON COMPUTING SCALE COMPANY, Defendant. STIMPSON COMPUTING SCALE COMPANY, Third-Party Plaintiff, v. Larry MONTAYNE, Third-Party Defendant.

United States District Court, N.D. New York.

December 15, 1987.

Attorney(s) appearing for the Case

Rosenblum & Sarachan, Albany, N.Y., for plaintiff; George L. Sarachan, of counsel.

Donohue Donohue & Sabo, Albany, N.Y., for defendant and third-party plaintiff; Kathleen L. Werther, of counsel.

Friedman Maksail Hirschen & Miller, Schenectady, N.Y., for plaintiffs on the counterclaim; Richard C. Roxin, Jeffrey N. Miller, of counsel.

Bouck Holloway Kiernan and Casey, Albany, N.Y., for third-party defendant; John R. Casey, of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

BACKGROUND

On December 18, 1982, the infant plaintiff, David Crounse, Jr., age four, injured his hand in a meatgrinding machine operated by his mother and others in the home of Larry Montayne. David's mother, Kathy Crounse, had permitted David to hold a bag under the machine to catch meat as it was processed. Sometime during the operation David's mother turned off the machine; but, in response...

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