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ARTICLE ID 108527

: - Products Liability Products Liability - Book Binding Paper Drill - Design - Worksite Accident -

Prince George's County

Facts: Plaintiff, an employee of ______ ________, leaned over near a book binding paper drill, a ______-______ _ _____ _______ _______ _____ _____ manufactured by defendant, to pick up a ____ can. Her ponytail became entangled in the rotating drive shaft, scalping her. A plexiglass guard over the drive shaft had been broken and removed by ______ employees. This case was bifurcated and tried on the issue of liability.

Plaintiff alleged that: (1) the drill was defectively designed; (2) defendant failed to provide adequate warnings for the safe use of the drill; (3) defendant had notice of other descalping injuries with the use of other paper drill models; and (4) defendant was strictly liable under ________ law.

Defendant contended that: (1) the machine had been misused and abused by ______’s employees; (2) there were several stickers on the machine advising not to use it without the guard; (3) plaintiff was contributorily negligent in getting too close to the machine; and (4) plaintiff assumed the risk of injury. JAS Publications reserves all rights to this case summary, Copyright ? ________.

Alleged Injury: Descalping injury to head necessitating plastic surgery to reattach scalp, hair plugs and psychiatric treatment. Plaintiff had not returned to work at the time of the trial and claimed specials of $________.

Editor’s Notes: Per counsel, plaintiff was unable to demonstrate with a plywood model of the machine how the accident occurred. Defendant’s motion for judgment was granted on the issue of negligence because plaintiff was found to be contributorily negligent. The case went to the jury on the issue of strict liability only.

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