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CALDERON v. BOLLEGRAAF

285 N.J. Super. 623 (1995)

667 A.2d 1111

PEDRO CALDERON, PLAINTIFF-APPELLANT, v. MACHINENFABRIEK BOLLEGRAAF APPINGEDAM BV; VAN DYK BALER CORPORATION, DISTRIBUTOR, DEFENDANTS-RESPONDENTS, AND ABC COMPANY (NAME UNKNOWN AND THEREBY FICTITIOUS), MANUFACTURER AND/OR DISTRIBUTOR OF BALING MACHINE; XYZ COMPANY (NAME UNKNOWN AND THEREBY FICTITIOUS), INSTALLER; EFG MAINTENANCE COMPANY (NAME UNKNOWN AND THEREBY FICTITIOUS); AND ALPHA PAPER RECYCLING COMPANY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1995.

Attorney(s) appearing for the Case

Robert M. Schlanger, attorney for appellant (Mr. Schlanger, of counsel and on the brief).

Daniel K. Newman, attorney for respondents (Mr. Newman, of counsel and on the brief).

Before Judges DREIER, KESTIN and CUFF.

The opinion of the court was delivered by DREIER, P.J.A.D.

Plaintiff appeals from a judgment dismissing his complaint following a jury verdict.

As an assistant manager for Alpha Paper Recycling Company in Jersey City, plaintiff was responsible for the operation of a sizeable baling and compacting machine manufactured and distributed by defendants. Plaintiff's arm was amputated when he reached into the machine to untangle some wire. He assumed that he could...

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