Nicastro v. McIntyre Machinery America, Ltd., A-29 September Term 2008; Supreme Court; opinion by Albin, J.; dissents by Hoens and Rivera-Soto, JJ.; decided February 2, 2010. On certification to the Appellate Division, 399 N.J. Super. 539 (App. Div. 2008). [Sat below: Judges Cuff, Lisa and Simonelli in the Appellate Division; Judge Miller in the Law Division.] DDS No. 32-1-6700 [80 pp.]
Plaintiff Robert Nicastro, an employee of Curcio Scrap Metal, was operating the McIntyre Model 640 Shear, a recycling machine used to cut metal. Nicastro’s right hand got caught in the machine’s blades, severing four of his fingers. The Model 640 Shear was manufactured by J. McIntyre Machinery, Ltd., a company incorporated in the United Kingdom, and then sold, through its exclusive U.S. distributor, McIntyre Machinery America, Ltd., to Curcio Scrap Metal.
