Micallef v. Miehle Co

39 N.Y.2d 376, 348 N.E.2d 571, 384 N.Y.S.2d 115 (1976)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Micallef (P) was employed as a printing-press operator. For eight months, he had operated a photo-offset press, manufactured by Miehle Co. (D). P discovered a foreign substance in the press and informed his supervisor that he was going to try to remove it. The foreman warned him to be careful. While attempting to remove the foreign substance, P's hand got trapped in the machine. There were no safety guards to prevent such an occurrence, and while his hand was trapped, P could not reach the shut-off button. P was aware of the danger of getting caught in the press. However, it was custom to try to remove the substance without turning the machine off because once turned off, it took at least three hours to resume printing, making it financially unsatisfactory. D had observed the machine in operation and was cognizant of the manner in which these objects were pursued by the employees. Despite this knowledge, D chose not to put sufficient safety guards on the machine to avoid these injuries. P sued D for damages, claiming that D had used a negligent design and had breached an implied warranty. The court found D negligent, but both the trial and appellate courts held that P's contributory negligence barred recovery. P appealed.