Jesus Favala v. Cumberland Engineering Company, a Division of John Brown Incorporated, a Corporation

FLOYD R. GIBSON, Circuit Judge.

Jesus Favala appeals the district court’s entry of judgment on a jury verdict in favor of Cumberland Engineering Company. We vacate the judgment and remand for a new trial.

I. BACKGROUND

Favala was injured in an accident that occurred during the course of his employment at Colver Leasing, Inc. While Favala was operating a “pelletizer,” (a machine that uses rapidly rotating blades to cut long strands of plastic into small pieces) Favala’s right hand became caught in the machine’s rollers and drawn into the rotating blades. He tried to use his left hand to free his…