Kirkbride v. Terex USA, LLC
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HARTZ, Circuit Judge.
Plaintiff Larry Kirkbride was injured while attempting to dislodge a foreign object from a portable rock-crushing plant manufactured by the predecessor of Defendant- Terex USA, LLC. Kirkbride brought a products-liability action against Terex, and a jury found the company hable for failure to adequately warn of the plant’s dangers, for defectively manufacturing a critical part inside the crushing plant that led to Kirkbride’s injury, and for breaching an implied warranty of merchantability. Terex argues that Kirkbride failed to present sufficient admissible evidence to…
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