Ostrowski v. Hydra-Tool Corp.

Plaintiff appeals from an order by the Windham Superior Court dismissing his suit for failure to state a cause of action. V.R.C.P. 12(b) (6). We affirm.

The facts discussed herein are as alleged in plaintiff’s complaint and are taken as true for purposes of deciding the merits of the appeal. Bennett Estate v. Travelers Insurance Co., 138 Vt. 189, 190-91, 413 A.2d 1208, 1209 (1980).

On November 12, 1980, plaintiff suffered an amputation of three fingers and other injuries to his hands while operating a press-brake machine in the course of his employment. The original corporate manufacturer of…