Hardesty v. Essex Group, Inc.

MEMORANDUM AND ORDER

SHARP, Chief Judge.

This entry shall be considered as complying with Rule 52 F.R.C.P.

A. June 21, 1978 Incident

At approximately 10:45 o’clock A.M. on June 21, 1978, John Hardesty was in the rubber room at the Essex plant in Lafayette, Indiana. He picked up a disposable lighter he found on the floor. When it did not work, he threw the lighter through an open door that leads to a ramp used by two motors and employees traveling to and from the rubber room. (Tr. 95-97).

Employees Bill Pence and Raymond Keller were walking up the ramp at this time on their way to lunch. (Tr.…