1550 Appeal by plaintiff from order entered 23 May 1994 by Judge William H. Helms in Rowan County Superior Court. Heard in the Court of Appeals 7 June 1995.
Defendant is a Rowan County corporation which operates a brick production facility.
On 22 March 1990, Virgil Lee Rose, an employee of defendant, was operating brick setting machine number three. The slugs are picked up from the spreader table by a carriage head which weighs from 2000 to 3000 pounds. The head descends onto the spreader table by gravity and ascends by power. The setting machine has automatic and manual operational modes. The automatic mode is designed for use when the machine is in continuous operation without any employees within the operational area.