Deines v. Vermeer Manufacturing Co.

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

This matter comes before the court on the motion of defendant Vermeer Manufacturing Company (hereinafter “Vermeer Manufacturing”) for summary judgment. Vermeer Manufacturing contends that Robert E. Deines (hereinafter “Deines”) may not recover under section 402A of Restatement (Second) of Torts because warnings on the hay baler in question, if heeded, would have prevented plaintiff’s injuries. Deines insists that the hay baler’s warnings were inadequate. Defendant also claims that Deines may not recover under section 402A or on a negligence…