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Torts keyed to Robertson
Greenman v. Yuba Power Products, Inc.
Citation:
Supreme Court of California, 1963. 59 Cal.2d 57, 377 P.2d 897.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff saw a demonstration using the Defendant’s combination power tool and studies a brochure about it from the Defendant. Plaintiff bought the product and some of its accompanying attachments. Plaintiff was working on a piece of wood when it flew out of the machine and struck him on the forehead causing him serious injuries. Months later, Plaintiff gave notice of claimed breach of warranties to the Defendant and filed a complaint alleging the breaches and complaints.
At trial, Plaintiff introduced evidence that his injuries were caused by defective design and construction of the Defendant’s combination power tool. His expert witness testified that the parts of the machine were held together by defective screws leading normal vibrations to cause the piece of wood to fly out of it. Additionally, the expert testified that there were better ways of fastening the parts of the machine together which would have prevented the accident. The Plaintiff argued that this could lead the jury to reasonably believe that the Defendant negligently constructed the product and that the statements in the Defendant’s brochure were false, constituting a breach of express warranties.
The Defendant argued that the Plaintiff did not give notice of breach of warranty within a reasonable time and as such that cause of action was barred by 1769 of the Civil Code. As the Defendant did not know whether the verdict against them was based on the breach of warranty cause of action or the negligence cause of action, they argue that presenting the breach of warranty cause of action to the jury was prejudicial.
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