Syrek v. Anheuser-Busch
Plaintiff was injured in the course and scope of her employment with Anheuser Busch, Inc. while working in the factory's bottling department. The accident occurred when she attempted to clean the glue bowl on the Topmatic machine that applied labels to beer bottles. The Topmatic is manufactured by Krones, Inc. (Krones). As a result of the accident, plaintiff lost part of one finger.
On appeal, plaintiff primarily contends that there was a triable issue of material fact whether the Topmatic was a power press. Secondarily, she contends that summary judgment was improper because defendant allegedly engaged in discovery abuses, the trial court erred in overruling plaintiff's objections to the declaration of defendant's expert, and triable issues of fact exist on the products liability claim. Todd concedes that the cause of action for loss of consortium is derivative of plaintiff's right to otherwise sue defendant. Court reject all of plaintiff's claims of error and therefore affirm the judgment.
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