UNDERLY v. ADVANCE MACH. CO.

No. 20A04-9103-CV-88.

605 N.E.2d 1186 (1993)

Otto L. UNDERLY, Appellant-Plaintiff, v. ADVANCE MACHINE COMPANY, Appellee-Defendant.

Court of Appeals of Indiana, Fourth District.

January 19, 1993.


Attorney(s) appearing for the Case

Robert F. Gonderman, Jr., Robert F. Gonderman, Sr., Gonderman Law Offices, South Bend, for appellant-plaintiff.

Robert J. Palmer, Arthur A. May, Wendell W. Walsh, May, Oberfell & Lorber, South Bend, for appellee-defendant.


MILLER, Judge.

Otto Underly sustained permanent injuries to his hand when he attempted to confirm the source of a hydraulic oil leak in a "retriever" (a parking lot sweeper) manufactured by Advance Machine Company (Advance). Underly placed the middle finger of his right hand over a worn spot in the suspected hose — which had a pressure level of 1,000 p.s.i., powerful enough to easily puncture the human body — and then had a co-worker pressurize the line...

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