RIZZUTO v. JOY MFG. CO.

No. 87-1159.

834 F.2d 7 (1987)

Christopher RIZZUTO, Plaintiff, Appellee, v. JOY MANUFACTURING COMPANY, Defendant, Third-Party Plaintiff, Appellant. Frionor Kitchens, Inc., Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 19, 1987.


Attorney(s) appearing for the Case

Andrew R. Grainger, P.C. with whom Rolf Th. Lundberg, Jr., and Peabody & Brown, Boston, Mass., were on brief, for defendant, third-party plaintiff, appellant.

David M. Hartigan with whom James D. Casey and Law Offices of James D. Casey, Boston, Mass., were on brief, for third-party defendant, appellee.

Before CAMPBELL, Chief Judge, GARTH, Senior Circuit Judge, and BOWNES, Circuit Judge.


PER CURIAM.

The plaintiff Christopher Rizzuto was employed by Frionor Kitchens, Inc. ("Frionor"). While on the job, his right hand was severely injured when it was caught in the moving parts of a "FRY-O-PAC" fish battering and breading machine. Rizzuto sought and recovered workmen's compensation benefits from Frionor's insurer.

Rizzuto thereafter filed a diversity products liability action against Joy Manufacturing Company ("Joy"), the successor in interest...

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