Barr v. Rivinius, Inc.

Mr. PRESIDING JUSTICE STOUDER

delivered the opinion of the court:

This is a products liability case brought by James Barr for personal injuries allegedly sustained on July 27, 1971, in the course of his employment by the Eaton Asphalt Co. The defendant, Rivinius, Inc., is the manufacturer of the Rivinius Domor Shoulder Spreader which was leased to Eaton.

Prior to the incident, the plaintiff was not operating the machine, but had walked to a point in the roadway approximately 15 to 20 feet in front of it. He was standing facing north away from the spreader observing a truck tailgating its load,…