United States Court of Appeals for the Seventh Circuit
484 F.2d 1008 (1973)
Central Steel and Wire Company (Central) purchased a forklift with the load-lifter on the side. The forklift was manufactured by Raymond Corporation (Raymond) (defendant). The forklift’s controls were in a cage, essentially a driver’s seat, at one end of the forklift. Juan Moran (plaintiff), as an employee of Central, used the forklift. Moran was trained to operate the controls only when he was in the operator’s cage. Moran was using the forklift to transport trays when some of the trays came loose. To fix the situation, Moran left the operator’s cage and climbed onto the side load-lifter. While on the side load-lifter, Moran found that he needed to lower the lift to straighten the trays. While still on the side load-lifter, Moran reached through a hole in the cage and pulled the lever to lower the lift. Moran testified that he attempted to pull his arm back quickly, but he was unable to remove his arm before the lowering of the lift caused injury. Moran brought a products-liability suit against Raymond based on strict liability. Raymond argued that Moran had assumed the risk. The jury found in favor of Moran. Raymond appealed.
Rule of Law
Holding and Reasoning (Pell, J.)
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