516 F.2d 781 (6th Cir. 1975), 74-1875, Strimbu v. American Chain & Cable Co., Inc.

Docket Nº:74-1875.
Citation:516 F.2d 781
Party Name:Nick STRIMBU and Julia Strimbu, Plaintiffs-Appellants, v. AMERICAN CHAIN & CABLE COMPANY INC., Defendant-Appellee.
Case Date:May 21, 1975
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 781

516 F.2d 781 (6th Cir. 1975)

Nick STRIMBU and Julia Strimbu, Plaintiffs-Appellants,



No. 74-1875.

United States Court of Appeals, Sixth Circuit

May 21, 1975

Page 782

James A. O'Brien, Luchette, Hoffman & O'Brien, Brookfield, Ohio, for plaintiffs-appellants.

William H. Wallace, Michael M. Hughes, Thompson, Hine & Flory, Cleveland, Ohio, for defendant-appellee.

Before PHILLIPS, Chief Judge, CELEBREZZE, Circuit Judge, and RUBIN [*], District Judge.

Page 783


This is an appeal in a products liability case from a directed verdict in favor of the defendant at the conclusion of the plaintiffs' case. The appellate inquiry in such a case is to determine whether the evidence viewed in a light most favorable to the plaintiffs would support a jury verdict in their favor. Hamden Lodge I. O. O. F. v. Ohio Fuel Gas Co., 127 Ohio St. 469, 189 N.E. 246 (1933). Upon concluding that it would not, we affirm the determination of the District Court.

Appellants' case arose under the following circumstances: In November of 1969 appellants installed in their newly constructed residence a dumbwaiter designed and constructed by Mecomatic, Inc., to raise and lower articles from the second floor to the basement of the home. The hoist which raised and lowered the dumbwaiter was manufactured by appellee, American Chain & Cable Co., Inc. The dumbwaiter cab was connected to the hoist with a chain and an open hook. The hook was placed off center causing the cab to be improperly aligned in the dumbwaiter shaft.

On July 21, 1970, appellant Julia Strimbu placed some laundry into the dumbwaiter cab, pressed the button for the unit to descend and proceeded to the basement. Upon arriving in the basement, she discovered the cab had stopped on the first floor of the house. Returning to the first floor of the house she placed some additional towels or other linen in the cab of the dumbwaiter and as she did so, the dumbwaiter suddenly dropped and fell to the basement causing serious and permanent injury to both of her hands.

The evidence at trial indicated that the dumbwaiter unit had become stuck between floors and was freed by the additional weight of the laundry.

Appellee's hoist is a standard product available in the open market to raise and lower loads as required. It was purchased as one of...

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