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Liriano v. Hobart Corp.
United States Court of Appeals for the Second Circuit
170 F.3d 264 (1999)
Luis Liriano (plaintiff) was a 17-year-old boy who recently immigrated to the United States. He was hired at Super Associated (Super) (defendant), where he used a meat grinder manufactured by Hobart Corporation (Hobart) (defendant). Liriano was never trained on how to operate the meat grinder. The safety guard had been removed and the machine had no warning label. After working at Super for week, Liriano had only operated the grinder two or three times. Liriano was severely injured after his hand got caught in the grinder. Liriano brought suit against Hobart for failure to warn, and Hobart brought a third-party claim against Super. The court dismissed all but the failure-to-warn claim, and the jury found in favor of Liriano. A partial retrial was held to determine how much Liriano contributed to his injury. Liriano was assigned one-third of fault on the retrial as his actions were considered likely to cause his type of injury. Hobart and Super appealed.
Rule of Law
Holding and Reasoning (Calabresi, J.)
Concurrence (Newman, J.)
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