Lehotsky v. Erie Insurance

BROWN, J.,

This matter is before the court on defendant’s post-verdict motions. The stipulated facts are as follows.

On March 25,1990, plaintiff was helping his brother-in-law construct a stone wall. To move the rocks for placement in the wall, the cable was wrapped around a rock and then attached to a chain which was affixed to the rear frame of a motor vehicle. Plaintiff was manipulating the chain when the vehicle coasted or lurched forward. This movement caused the chain to tighten. Plaintiff’s index finger became caught in the chain and was amputated.

At the time of the accident, plaintiff…