Braucher v. Buhler Brothers Engineering Works

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

In early September 1976 an impact finisher which plaintiff operated in the course of his employment amputated four fingers on his right hand. To recover medical costs and lost earnings, plaintiff instituted this diversity action and alleged not only that defendant negligently engineered, designed, manufactured and sold this machine to plaintiff’s employer-but also that defendant failed to install or equip the machine with proper safety devices. Defendant, now moving to dismiss the complaint, contends that plaintiff has not properly invoked the…