Torts Keyed to Dobbs
Bowling v. Heil Co
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Appellee manufactured a dump hoist used on dump trucks, and one such hoist was installed on a vehicle used by Mr. Bowling and a friend. When the hoist appeared to malfunction, Mr. Bowling investigated, leaning under the truck chassis. He manipulated the control lever of the truck’s pump assembly and the truck bed suddenly fell on him, killing him instantly. In a subsequent action, a jury found that Mr. Bowling was contributorily negligent but had not assumed the risk. As the trial court and subsequently the appeals court interpreted the effect of contributory negligence differently, the Supreme Court of Ohio had to address the question on appeal.
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