Mulherin v. Ingersoll-Rand Co.

OAKS, Justice:

Plaintiffs appeal in this tort ease presents two issues: alleged error in denying a motion for new trial on the basis of evidence newly discovered in plaintiffs subconscious, and the effect of a defense of misuse on a claim based on strict liability.

The injury occurred when plaintiff, an employee in mining operations, stood on a winch manufactured by defendant in order to detach chains securing drainage hoses. During that operation, a hose came in contact with the winch’s throttle-control handle. This started the winch, whose unexpected operation severed plaintiff’s left leg…