McKinch v. Dixon

I cannot join in reversing the Court of Appeals. It was error for the trial court to submit the theory of defective design to the jury. This theory was not advanced by plaintiff nor was there sufficient evidence adduced to support such a theory.

FACTS

Frank McKinch was injured on November 26, 1966. A truck being parked by defendant Dixon came over the curb and struck McKinch. In a complaint filed July 23, 1968, plaintiff sought $75,-000 damages.

On December 9, 1968 plaintiff filed an amended *288complaint adding Jack Dykstra Ford as a defendant. This defendant was alleged to have failed to observe…