Torts Keyed to Epstein
Barker v. Lull Engineering Co
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Plaintiff was injured at a construction site while operating a high-lift loader manufactured by Lull Engineering Co. (Defendant), and leased to Plaintiff’s employer by George M. Philpott Co. (Defendant). Plaintiff sued Defendant in tort to recover damages for his injuries. Plaintiff claimed that his injuries were proximately caused by the defective design of the loader. The jury found for Defendant. Plaintiff appealed, claiming that the trial court erred in instructing the jury “that strict liability for a defect in design of a product is based on a finding that the product was unreasonably dangerous for its intended use.”
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