Legal Opinion

Braswell v. Cincinnati Incorporated

Court of Appeals for the Tenth Circuit

Decided September 23, 2013No. 12-5128PublishedCited by 23 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

Derek Braswell suffered a horrific workplace accident. While he was operating a press brake, a heavy machine tool, manufactured by Cincinnati, Inc., his right arm was crushed, and eventually had to be amputated. Signs on the machine warned the operator not to reach into the die area, where a hydraulic-powered ram descends to bend sheet metal. Despite these warnings, Braswell reached into the die area to remove a jammed piece of metal. While doing so, he accidentally stepped on a pedal triggering the ram’s descent. More unfortunate, the machine’s safety equipment…

2Cases cited31 opinions

  1. McPhail v. Deere & Co.Court of Appeals for the Tenth Circuit · 2008
  2. Kirkland v. General Motors CorporationSupreme Court of Oklahoma · 1974
  3. Akin v. Missouri Pacific RailroadSupreme Court of Oklahoma · 1998
  4. Potter v. Chicago Pneumatic Tool Co.Supreme Court of Connecticut · 1997
  5. Davis v. Berwind Corp.Supreme Court of Pennsylvania · 1997

26 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Martin Marietta Materials, Inc. v. Kansas Department of TransportationCourt of Appeals for the Tenth Circuit · 2016
  2. Roe v. FCA USCourt of Appeals for the Tenth Circuit · 2022
  3. Fleck v. General Motors LLCDistrict Court, S.D. New York · 2015
  4. Brown v. Lowe's Home CentersCourt of Appeals for the Tenth Circuit · 2015
  5. Thompson v. TCI Products Co.District Court, N.D. Oklahoma · 2015

18 more not listed; retrieve them via the Exa API.

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