Massachusetts Superior Court September 5, 2002, No. 981071B (Fredette v. Simpson)

Brady, J.

On November 12, 1997, David Tremblay was badly injured when he was changing a tire on a backhoe equipped with a multi-piece tire rim which explosively separated. At the time of the injury, Mr. Tremblay was employed by Shield Packaging Co., Inc. (Shield). The injury occurred while Tremblay was preparing the backhoe for use in the removal of railroad ties at Shield.