On January 17, 1967, appellant, Andrew Kuisis, was injured by a load of steel pipe which fell on him when a brake locking mechanism on the crane from which the pipe was suspended became disengaged. Kuisis brought suit against appellee Baldwin-Lima-Hamilton Corporation (Baldwin), the manufacturer and seller of the crane. At the conclusion of the evidence, Baldwins motion for a directed verdict was denied and the case went to the jury, which was dismissed when it could not agree on a verdict. The court en banc thereafter denied Kuisis motion for a new trial and granted Baldwins motion for judgment on the whole record. Kuisis appealed to the Superior Court, which affirmed the judgment by a per curiam order. We granted allocatur, and now remand the case for a new trial.
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