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FAVALA v. CUMBERLAND ENGINEERING CO.

No. 93-1895.

17 F.3d 987 (1994)

Jesus FAVALA, Plaintiff-Appellant, v. CUMBERLAND ENGINEERING COMPANY, A DIVISION OF JOHN BROWN INCORPORATED, a Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 1994.

Rehearing and Clarification Denied April 1, 1994.

Attorney(s) appearing for the Case

Jerome H. Torshen, Steven Garmisa (argued), Torshen, Schoenfield & Spreyer, Chicago, IL, James L. Farina, J. Dillon Hoey, Eileen Kavanagh, Hoey & Farina, Chicago, IL, for plaintiff-appellant.

Robert J. Cozzi, Thomas J. Doell (argued), William R. Galliani, Galliani & Doell, Chicago, IL, for defendant-appellee.

Before FLOYD R. GIBSON, CUMMINGS and FLAUM, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

Jesus Favala appeals the district court's entry of judgment on a jury verdict in favor of Cumberland Engineering Company. We vacate the judgment and remand for a new trial.

I. BACKGROUND

Favala was injured in an accident that occurred during the course of his employment at Colver Leasing, Inc. While Favala was operating a "pelletizer," (a machine that uses rapidly rotating blades to cut long strands of plastic into...

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