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Lally v. Printing Machinery Sales and Service Co.

Decided: April 20, 1990.

MICHAEL J. LALLY, PLAINTIFF-APPELLANT,
v.
PRINTING MACHINERY SALES AND SERVICE CO., INC., DEFENDANT-RESPONDENT, AND ROCKWELL GRAPHIC SYSTEMS, INC., MIEHLE PRINTING PRESS AND MANUFACTURING CO., SMITH-LUSTIG PAPER BOX COMPANY, JOE DALE, JOHN SMITH, (A FICTITIOUS NAME AS DISTRIBUTOR, RETAILER AND/OR INSTALLER), P. BOYLE, JAMES JONES, (FICTITIOUS NAME AS CONTRACTOR), JAMES DOE, (FICTITIOUS NAME AS MAINTENANCE, REPAIR AND/OR SERVICE COMPANY), AND INSURANCE COMPANY OF NORTH AMERICA, I/J/S/A, *FN1DEFENDANTS



On appeal from the Superior Court of New Jersey, law Division, Camden County.

Dreier, Scalera and D'Annunzio. The opinion of the Court was delivered by Dreier, J.A.D.

Dreier

[240 NJSuper Page 183] Plaintiff, Michael J. Lally, appeals from the dismissal of his claim against defendant Printing Machinery Sales & Service Co. Inc. (Printing Machinery), the supplier and installer of a steel jacket placed around a roller on a die-cutting press. Plaintiff was injured on February 14, 1984 when his hand was caught and crushed between the pressure roller and the flat bed.*fn2 The basic machinery had been a portion of a press manufactured in 1915. The case before us involves only the claim against

defendant Printing Machinery. All claims against the original manufacturer and others have been settled.

The press was purchased in 1977 by plaintiff's employer, K & K Plastics of Camden, New Jersey. Shortly thereafter, K & K contracted with defendant to work on the press, since the metal jacket to which the cutting dies were affixed was not in working order and needed replacement. Defendant specializes in the repair, maintenance and refurbishing of such old equipment. When defendant performed its function of replacing the metal jacket, there was no nip-point guard preventing an employee's hand from being drawn between the rotating metal jacket and moving horizontal plate. Defendant neither supplied such a guard nor warned of the danger of operating the machine without a guard in place. Plaintiff contends that without the jacket the roller would not have operated and the machine was effectively useless. By replacing the jacket on the roller, defendant restored the machine to an operating condition. Defendant asserts that the replacement of the jacket was no more than routine maintenance, and such minor reconditioning should not engender responsibility to provide safety devices or to warn against their absence.

This case emphasizes the distinction between duties imposed upon a manufacturer or rebuilder of machines and those who only repair or maintain them. A manufacturer must provide effective and available safety devices or adequate warnings, and cannot delegate this duty to a down-stream purchaser. See Michalko v. Cooke Color & Chem. Corp., 91 N.J. 386, 394, 451 A.2d 179 (1982); Suter v. San Angelo Foundry & Machine Co., 81 N.J. 150, 406 A.2d 140 (1979); Cepeda v. Cumberland Engineering Co., Inc., 76 N.J. 152, 386 A.2d 816 (1978); Bexiga v. Havir Mfg. Corp., 60 N.J. 402, 290 A.2d 281 (1972). Furthermore, after the sale of the machine, a manufacturer has a continuing duty to provide such devices. Stephenson v. R.A.

Jones & Co., Inc., 103 N.J. 194, 200, 510 A.2d 1161 (1986). Even if the danger was not recognized or recognizable at the time the machine was manufactured, if the manufacturer later learns of the danger, it must "take reasonable steps to notify purchasers and consumers of the newly-discovered danger." Feldman v. Lederle Labs., 97 N.J. 429, 456-457, 479 A.2d 374 (1984).*fn3

A duty similar to that of the manufacturer has been imposed upon a rebuilder of a machine or a component part. In Michalko, after stating the general rules governing a manufacturer's liability for the failure to provide a safety guard or appropriate warnings, the Supreme Court extended the duty to rebuilders of machinery:

These principles apply with similar force to one engaged in rebuilding machines or manufacturing component parts. Under these principles, when it is feasible for the rebuilder of machinery or the manufacturer of component parts to incorporate a safety device and it fails to do so, the rebuilt machine or component part will be deemed to be a defective product when delivered by the manufacturer to its owner. Further, the fact that the product was built according to the plans and specifications of the owner does not constitute a defense to a claim based on strict liability for the manufacture of a defective product when the injuries are suffered by an innocent foreseeable user of the product. [91 N.J. at 395, 451 A.2d 179].

In Michalko, defendant Cubby Manufacturing Company urged that it was hired to rebuild a part of the press to the owner's specifications, and that it never exerted enough control over the product to be legally responsible for plaintiff's injuries. This argument was specifically rejected. 91 N.J. at 395-396, 451 A.2d 179. The fact that Cubby did not sell the machine to plaintiff's employer was also held to be irrelevant.

We have imposed strict liability in situations involving a combination of sales and services. . . . Moreover, we have clearly rejected the requirement that a technical sale occur before strict liability will be imposed . . . [thus], defendant's argument that strict liability cannot be applied in the ...


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