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Products Liability Keyed Owen, 8th Ed.
City of Franklin v. Badger Ford Truck Sales, Inc.
Citation:
207 N.W.2d 866 (1973)Facts
The City of Franklin purchased a fire truck chassis with wheels manufactured by Gunite, assembled by Ford, and sold by Badger Ford. While responding to a fire call, the truck tipped over and was damaged. The city sued all three defendants under a strict liability theory, claiming the accident was caused by a defectively constructed wheel. The defendants argued that the truck tipped over first, causing the wheel to fail, while the city maintained that the defective wheel caused the truck to tip over. Expert testimony supported the city’s position that the wheel appeared to meet specifications but contained a hidden defect in its construction. The jury found that the wheel was defectively constructed, that this defect caused the accident, and that while the city was negligent in maintaining the wheel, this negligence did not contribute to the accident. The trial court held all three defendants strictly liable to the plaintiff and awarded Badger indemnity against Ford and Gunite.
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