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Torts Keyed to Underwood
Bowling v. Heil Co.
Citation:511 N.E.2d 373 (Ohio 1987)
A man named Ralph Rogers purchased the dump truck at issue for use in his backhoe business. The truck was equipped with a Heil 1617 DL dump hoist system, which included a dump bed, a hydraulic hoist and a hydraulic pump valve assembly. Rogers was dissatisfied with the operation of the cable control system, however, and returned the truck to the seller, requesting that a lever control system be installed. The seller contacted Robco, Inc. at another distributor for the defendant, and Robco replaced the cable control system with a lever control system, which had also been manufactured by the defendant. The failure of one of Robco’s welds made while installing the lever control system triggered the tragic series of events culminating in Mr. Bowling’s death.
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