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Torts Keyed to Prosser
Greenman v. Yuba Power Products, Inc.
Citation:
59 Cal.2d 57, 377 P.2d 897, 27 Cal.Rptr. 697
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Greenman (plaintiff) desired a Shopsmith, a combination power tool that could be used as a saw, drill, and wood lathe. Greenman’s wife gave him a Shopsmith as a Christmas gift. Two years later, Greenman purchased the necessary attachments to use the Shopsmith as a wood lathe. He used the Shopsmith several times without any difficulty in an effort to turn a large piece of wood into a chalice. One day while Greenman was working on the chalice, the piece of wood suddenly flew out of the Shopsmith. The wood struck him on the forehead and he suffered serious injuries as a result. Greenman later filed suit against Yuba Power Products, Inc. (defendant), the retailer and manufacturer of the Shopsmith. In his complaint, Greenman alleged breach of express warranties and negligence. At trial, Greenman introduced evidence that his injuries were caused by the defective design and construction of the Shopsmith. Yuba Power Products, Inc. alleged that Greenman did not provide notice of breach of warranty within a reasonable time and that therefore his cause of action was barred.
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Topic Resources
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