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Echols v. Zarn Inc.9/20/1994
to pull it out of the machine," she never instructed plaintiff to reach into the area of the mold. There thus exists a factual dispute as to the instructions Barnett gave to the plaintiff. If the instructions were as contended by plaintiff, they threatened her safety and were manifestly indifferent to the likelihood of harm to her. This is so because there is no dispute in the evidence that the mold of the machine regularly opened and closed and that a hand caught in the mold would be seriously injured. In this case, plaintiff's hand was caught in the mold and seriously injured.
For the reasons given, I would reverse the entry of summary judgment for Barnett and remand for trial.
Dissent Footnotes
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