Groll v. Shell Oil Co.

Opinion

THOMAS, J. *

Scott Groll (appellant) appeals from a motion for nonsuit granted the manufacturer, Shell Oil Company (respondent). We hold that the duty to warn the ultimate consumer, considering the method of sale, repackaging, and distribution rested with the distributor. Judgment affirmed.

Factual and Procedural History

On October 14, 1976, appellant filed a lawsuit, through his guardian ad litem Richard Groll, wherein he sought damages based on negligence, breach of warranty, and failure to warn. At the time of trial, respondent was the only defendant because appellant had previously…