Legal Opinion
Vaughn v. Daniels Co.(West Virginia), Inc.
Indiana Supreme Court
Decided February 7, 2006No. 14S01-0602-CV-37PublishedCited by 28 opinions
1Opinion of the Court
BOEHM, Justice.
We hold that "use" of a product under the Indiana Products Liability Act does not include assembly and installation where the seller retains an obligation or arrangement with the purchaser to deliver a fully assembled and installed product. Because the plaintiff was injured in the process of installing the product on behalf of its supplier, he is not a consumer or user of the product that had not yet been assembled as required by the purchaser and has no claim under the PLA. For this reason, his negligence claim is not governed by the PLA.
Factual and Procedural History
At some…
2Cases cited29 opinions
- Webb v. JarvisIndiana Supreme Court · 1991
- Rhodes v. WrightIndiana Supreme Court · 2004
- Stephenson v. LedbetterIndiana Supreme Court · 1992
- Bagley v. Insight Communications Co., LPIndiana Supreme Court · 1995
- Perry v. Northern Indiana Public Service Co.Indiana Court of Appeals · 1982
24 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Leonard Lapsley v. Xtek, Inc.Court of Appeals for the Seventh Circuit · 2012
- Pfenning v. LinemanIndiana Supreme Court · 2011
- Yanise Germain v. Teva Pharmaceuticals, USA, IncCourt of Appeals for the Sixth Circuit · 2014
- Campbell Hausfeld/Scott Fetzer Company v. Paul JohnsonIndiana Supreme Court · 2018
- Stumpf v. Hagerman Construction Corp.Indiana Court of Appeals · 2007
23 more not listed; retrieve them via the Exa API.