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CASTRO v. STANLEY WORKS

Nos. 87-2143, 87-2144.

864 F.2d 961 (1989)

Jude V. CASTRO, Plaintiff, Appellant, v. The STANLEY WORKS, Defendant, Appellee. Jude V. CASTRO, Plaintiff, Appellee, v. The STANLEY WORKS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 10, 1989.

Attorney(s) appearing for the Case

Leonard Glazer with whom Russell R. Weddell and Law Offices of Leonard Glazer, P.C., Boston, Mass., were on briefs, for Jude V. Castro.

Richard L. Neumeier with whom Francis E. Dooley, Jr., Paul A. Kelley, Jacqueline Y. Parker and Parker, Coulter, Daley & White, Boston, Mass., were on brief, for The Stanley Works.

Before BOWNES and BREYER, Circuit Judges, and BROWN, Senior Circuit Judge.

JOHN R. BROWN, Senior Circuit Judge.

I. Behind the Eight Ball

On March 28, 1978, Jude V. Castro was injured in the course of his employment while reassembling a pool table using a spiral ratchet screwdriver designed, manufactured and sold by Stanley Works. Stanley Works did not receive notice of the claim until December 11, 1979, and the Complaint was filed on December 14, 1979, approximately 20 months after the accident.

A spiral ratchet...

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