How will the courts decide on the motion

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Reference no: EM133408211

Question: ack is a farmer. His friend Clay volunteered to help Jack harvest his crops. Clay grew up on a farm and has used harvesting equipment before. During the harvest, Clay drove a tractor that had an attachment, powered by the tractor, that pulls cornstalks out of the ground. While clearing the field, the machine would occasionally clog. Clay would stop the tractor, go to the machine and, with the tractor still engaged, pull out the stalk or stalks that clogged it. One time Clay did this, the machine pulled him in and seriously injured his arm and leg. The manufacturer's instructions stated that if the machine couldn't be unclogged by pulling the stalk out, the machine would have to be turned off to clear the clog. Clay's friend sued the manufacturer, who filed a motion for summary judgement on the grounds that Clay had assumed the risk when operating the machine contrary to what the instructions had stated. How will the courts decide on the motion? Why?

Reference no: EM133408211

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