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SERRANO v. HARRIS-INTERTYPE CORP.

March 18, 1975

HECTOR SERRANO, an infant over the age of 14 years by his father and natural guardian, EUGENIO SERRANO & EUGENIO SERRANO, Plaintiffs,
v.
HARRIS-INTERTYPE CORPORATION, Defendant & Third-Party Plaintiff, v. PEARL PRINTING CO., INC., Third-Party Defendant



The opinion of the court was delivered by: PLATT

Decision

 PLATT, District Judge.

 Defendant has moved for a summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and the parties have submitted an agreed statement of facts which have been stipulated "solely for the purposes of the pending motion", which are as follows:

 
"1. The infant plaintiff, HECTOR SERRANO, was born on July 27, 1953.
 
"2. The infant plaintiff was employed by PEARL PRINTING CO., INC. in late March or early April, 1970 as a member of the press crew to work on a Cottrell Model V-15A printing press manufactured by the Cottrell Division of HARRIS INTERTYPE CORPORATION.
 
"3. On May 27, 1970, the infant plaintiff sustained personal injuries when his hand got caught in that portion of the machine where the roll of printed paper was cut and folded. The portion of the machine referred to as the cutter and the folder is shown in the attached photograph marked Exhibit 'I'.
 
"4. The rear portion of the cutter and folder is shown in photograph marked Exhibit 'II'.
 
"5. The plaintiff put his right hand over the 'motor' as designated in Exhibit 'II' into the machine in between the clockwise rotating cylinder, designated 'CY' in Exhibit 'II' and the counterclockwise rotating cylinder designated 'X' in the Exhibit 'II'. A close up of the aforementioned picture with the aforementioned designations is shown in the photo marked Exhibit 'III'.
 
"6. The photo marked Exhibit 'IV' shows the cutter and folder and the control panel designated 'C' from which the foreman of the press control the operation of the press.
 
"7. The photo marked 'V' is a front view of the control panel as designated by the 'C'.
 
"8. The photo marked Exhibit 'VI' represent the control panel and the manner in which the foreman would operate same.
 
"9. The press was purchased new by Pearl from the defendant in February of 1970 and installed about two months prior to the accident.
 
"10. The infant plaintiff had no technical training prior to the accident.
 
"11. The infant plaintiff had started working on the date of the accident about 6 A.M. The ...

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