Mabee v. Borden, Inc

In Mabee v. Borden, Inc., 316 N.J. Super. 218, 227, 720 A.2d 342 (App.Div.1998), injuries to an employee resulted in the installation of a safety device which was thereafter disabled through the installation and use of a switch keyed to permit bypass of the safety device. Plaintiff was a periodic operator of the labeling machine. During her prior operations, the safety device was operable. On the date of her accident, the device had been bypassed, resulting in her injury. The Court concluded that use of the bypass device under those circumstances created a jury question as to whether there was "substantial certainty" of injury.