Donald E. Leistra v. Bucyrus-Erie Company

I respectfully submit that the majority opinion misapplies Nebraska law. In Rose v. Buffalo Air Service, 170 Neb. 806, 104 N.W.2d 431, 444 (1960), the Nebraska Supreme Court announced the rule to be followed in Nebraska relating to a manufacturer’s liability for a defective product:

“ ‘ A vendor and the manufacturer or supplier of a chattel who know or have reason to know that it is likely to be dangerous when used and which is purchased as safe for use in good faith reliance upon their professions or representations of safety, competence, and care, are subject to liability to the purchaser or…