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German manufacturers have to face a suit in Massachusetts



A federal appeal court has restored a German company whose machine crushed a worker's hand as a defendant in the subsequent trial.

According to Wednesday's verdict of the 1st US Circuit Court of Appeal in Boston in Stephen D. knox; Jean Knox v MetalForming Inc., Schechtl Maschinenbau GMBH, United States District Court in Boston had dismissed Edling, Germany-based Schechtl as defendant in the case filed by Knox and his wife on the basis of "deliberately exploiting the privilege to do business in Massachusetts. "

When working on a Schechtl-made motorized metal bending machine manufactured at his place of employment, Knox's left hand was crushed when he accidentally hit his foot pedal and the machine was activated, according to judgment.

Knoxes raised a suit against Schechtl, as well as its US distributor, Peachtree City, Georgia-based MetalForming, charge shortage, warranty use, consortium loss, and Massachusetts Consumer Protection Statute violation.

A three judge appeal court panel alone reinstated Schechtl as the defendant in the case. "Schechtl was individually approved and manufactured to the specifications of the buyer, each of the nearly fifty machines sent to the Massachusetts buyers" over a 1

6-year period, the court said.

In addition to manufacturing the machine and accepting orders, MetalForming required materials that instructed buyers to contact Schechtl directly to buy spare parts or get help with troubleshooting, they said.

"We conclude that the exercise of personal jurisdiction over Schechtl is consistent with fair procedures" to turn the court to court and invoke the case for further proceedings.

                    


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