Vergara v. Scripps Howard, Inc.
Plaintiff, an employee of The New York Times, sustained severe leg and back injuries in 1989 when his trousers were caught by a conveyor, pulling him into machinery. The accident occurred because the Times had removed safety guards originally welded onto the machine by the manufacturer's predecessor. Plaintiff sued Rockwell International Corporation, the successor to the manufacturer, alleging failure to warn about the danger of removing the safety guards. The trial court denied Rockwell's motion for judgment notwithstanding the verdict but modified the damages award. On appeal, the court reversed the trial court's decision, finding insufficient evidence that Rockwell had notice of the dangerous modification made by the Times, either actually or constructively, and thus no duty to warn existed. The court concluded the accident was caused by the employer's negligence, not Rockwell's, and dismissed the complaint.