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VENTURELLI v. CINCINNATI, INC.

No. 87-1609.

850 F.2d 825 (1988)

Davy VENTURELLI, Plaintiff, Appellee, v. CINCINNATI, INCORPORATED, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 29, 1988.

Rehearing Denied August 5, 1988.

Attorney(s) appearing for the Case

Thomas D. Burns with whom Christopher A. Duggan and Burns & Levinson, Boston, Mass., were on brief, for defendant, appellant.

William J. Griset, Jr., with whom Arthur P. Skarmeas, and Latti Associates, Boston, Mass., were on brief, for plaintiff, appellee.

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

Rehearing En Banc Denied August 5, 1988.

BREYER, Circuit Judge.

The plaintiff in this diversity case, Davy Venturelli, crushed the tip of his left index finger in a "plate-shearing" machine, a machine that cuts strips from large metal plates. He sued the machine's manufacturer, Cincinnati, Inc., claiming that Cincinnati designed the machine negligently and (in 1947) sold the "defective" machine in breach of its warranty of merchantability. The jury rejected...

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