Yates v. Pitman Manufacturing, Inc.

In this products liability personal injury case, we decide whether the trial court erred in holding that the plaintiff, who was not the purchaser of the product, must have given notice of breach of warranty to the product’s manufacturer as a prerequisite to recovery for breach of warranty. We also decide whether the trial court erred in striking the plaintiff’s express warranty claim.

I

Eddie M. Yates sued Pitman Manufacturing, Inc. (Pitman), seeking $3,000,000 in damages for injuries he sustained when an outrigger on a crane unit manufactured and sold by Pitman came down onto and crushed…