Legal Opinion · Dissent
Eleanore Higginbotham Aretz v. United States of America, Thomas F. Aretz v. United States
Court of Appeals for the Fifth Circuit
Decided October 15, 1979No. 78-3615Published
1DissentAlvin B. Rubin, Circuit Judge
I
My brethren reach a result that, reduced to the apodictic simplicity of a hornbook, can be restated in two sentences:
A. A person who contracts with a manufacturer to make and supply a product whose manufacture requires special care has a duty to employees of the manufacturer to warn their employer of hazards involved in making the product.
B. If harm results to employees of the manufacturer as a result of the hazardous qualities of the product, such a failure to warn may be the proximate cause of their injury even though the manufacturer knew or should have known of the hazards, provided the…
2Cases cited6 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1969
- Huey v. City of AtlantaCourt of Appeals of Georgia · 1911
- Johnson v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1908
- Georgia Railway & Electric Co. v. ColeCourt of Appeals of Georgia · 1907
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