Stahlberg v. Hannifin Corporation

• Decision Date: 08 November 1957
• Docket Number: Civ. A. No. 6284.
• Citation: 157 F. Supp. 290
• Parties: Richard W. STAHLBERG, Plaintiff, v. HANNIFIN CORPORATION, Defendant. HANNIFIN CORPORATION, Defendant and Third-Party Plaintiff, v. Clifford KELLER and Taylor Keller, Individually and as partners, doing business as Keller Industrial Products Company and Harsco Corporation, Third-Party Defendants.
• Court: U.S. District Court — Northern District of New York

157 F. Supp. 290

Richard W. STAHLBERG, Plaintiff, v. HANNIFIN CORPORATION, Defendant.

HANNIFIN CORPORATION, Defendant and Third-Party Plaintiff, v. Clifford KELLER and Taylor Keller, Individually and as partners, doing business as Keller Industrial Products Company and Harsco Corporation, Third-Party Defendants.

Civ. A. No. 6284.

United States District Court N. D. New York.

November 8, 1957.

Hiscock, Cowie, Bruce, Lee & Mawhinney, Syracuse, N. Y., for plaintiff. Gerald H. Henley, Syracuse, N. Y., of counsel.

Hancock, Dorr, Ryan & Shove, Syracuse, N. Y., for defendant and third-party plaintiff. Stewart F. Hancock, Jr., Syracuse, N. Y., of counsel.

Bond, Schoeneck & King, Syracuse, N. Y., for third-party defendant Harsco Corp. John C. Kinney, Syracuse, N. Y., of counsel.

BRENNAN, Chief Judge.

The motion made herein challenges the legal propriety of an order permitting the service of a third-party complaint and also the legal sufficiency of said complaint. The factual background disclosed in the record to date will be briefly referred to.

In June 1955 the defendant and third-party plaintiff, referred to herein as "Hannifin", had manufactured and assembled especially for Precision Casting Company Inc. a ten-ton hydraulic press, designed to exert a pressure of one-thousand pounds to the square inch. In the same month, the press was shipped to Precision at Syracuse, New York, under what may be termed a lease-sale agreement, which required a monthly rental payment for a period of five months when the balance of the purchase price was to be paid. The maintenance, repair and operation of said machine were entirely under the control of Precision. On September 29, 1955 the plaintiff, while employed by Precision, in connection with the operation of the machine, sustained a severe injury to his left hand and wrist, necessitating amputation. The accident apparently occurred when plaintiff's hand was caught beneath the pressure mechanism of the machine.

In September 1956 plaintiff brought action, based in negligence, against Hannifin to recover a money judgment for the injury so sustained. By order of this court and based upon the provisions of Rule 14 of the Fed.Rules Civ.Proc. 28 U.S.C.A., defendant Hannifin was permitted to serve a third-party complaint upon the defendants Keller and Harsco Corporation. The complaint in effect seeks to recover over from the third-party defendants or either of them any money judgment which might be awarded to the plaintiff in the action above referred to.

It would appear that defendants Keller may be termed manufacturer's representatives. The order for the machine above mentioned was placed through them and it may be inferred that they acted to some extent in the matter of the installation of the machine and the manner of its operation. They make no motion to either vacate the order or dismiss the complaint.

The defendant Harsco is a Delaware corporation with its place of business at Syracuse, N. Y. It is, by merger, the successor of Precision and, as such, succeeded to its rights and liabilities in the matter of the transaction above referred to.

The Court is aware of the problems involved in determining the propriety of an order permitting the service of a third-party complaint in a negligence action and in determining the sufficiency thereof. A similar situation was considered in Lane v. Celanese Corp. of America, the decision of which is found in D.C., 94 F.Supp. 528. It is therefore unnecessary to restate much of the discussion contained therein. A consideration of pleadings and the facts to be inferred therefrom must afford a starting point for the decision of the questions involved here.

Plaintiff's complaint is based in negligence. It alleges in a conclusionary manner that the machine, causing the injury, was inherently dangerous, unsafe, not reasonably fit for the purpose for which it was intended and improperly constructed and manufactured. It alleges that defendant failed to make proper inspections and tests of said machine, failed to warn plaintiff and other persons working with it as to the dangers which would result from the use of the machine. It alleges a failure to design and construct the machine so that it would not operate except by pressure on the dual hand levers and alleges negligence in installing and setting up the machine for operation, supervising the same in a careless, improper and negligent manner.

These allegations permit the receipt of evidence covering a broad field. This is true under federal practice as indicated in the case of Hickman v. Taylor, 329 U.S. 495, at page 501, 67 S.Ct. 385, at page 388, 91 L.Ed. 451, while pleadings are more narrowly construed under New York State law (Campo v. Scofield, 301 N.Y. 468, 95 N.E.2d 802). If I am permitted to speculate, it would appear that the accident occurred by reason of the action or inaction of the dual hand levers which controlled the operation of the pressure mechanism.

The third-party complaint alleges that Harsco or its predecessors made certain repairs, adjustments or alterations to the machine after its delivery and prior to the accident. It alleges that the machine was under the control of and was maintained and kept in repair by the lessee owner and that defendant in no way maintained, altered, supervised or participated in any such activities. It further alleges that the accident was caused by the active, primary and original negligence...