Fore v. Vermeer Manufacturing Co.

This is a personal injury action brought by the plaintiff, Donald Fore, against the defendants, Vermeer Manufacturing Co., (the manufacturer) and Elroy-Roland Machinery Co., (the distributor) for negligence and for strict liability in the manufacture and sale of a trenching machine. The trial court granted summary judgment against plaintiff, on motions of the defendants, and it is from that judgment that plaintiff appeals.

The issue is whether plaintiff was guilty of contributory negligence and assumed the risk as a matter of law.

The complaint against each of the defendants was in two counts:…