Chartier v. Brabender Technologie, Inc.
This case is a product liability action against a manufacturer of industrial feeders. The plaintiff's finger was severely injured when he reached into a feeder designed and manufactured by the defendant. As delivered, the feeder had a fixed guard on it that prevented workers from gaining access to the machine while it was operating, and also contained a warning label against inserting hands into the machine. The product being delivered by the feeder periodically clumped, thereby clogging the feeder and the plaintiff used his hands to unclog it. The motion for summary judgment was granted when Campbell Trial Lawyers pointed out that the plaintiff's expert witness stated during deposition that the product was not defective as designed, in a direct contradiction to the report submitted earlier by that same expert.
