Legal Opinion

Weller v. MacK Trucks, Inc.

Indiana Court of Appeals

Decided May 15, 1991No. 49A02-8908-CV-426PublishedCited by 19 opinions

1Opinion of the Court

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Michael Weller, Shirey & Sons Trucking, Inc., and Hartford Accident & Indemnity Company (collectively “Weller”) appeal from a judgment in favor of Mack Trucks, Inc. and Michiana Mack, Inc. (collectively “Mack”) in a product liability case. We affirm.

ISSUE

Was the instruction on the “state of the art” defense supported by the evidence?

FACTS

Weller filed this product liability claim 2 against Mack, alleging that a semi-truck accident occurred due to a defect in a castle nut in the steering system joint. During the jury trial, Sylvester Mazur, a former TRW…

2Cases cited6 opinions

  1. Dudley Sports Co. v. SchmittIndiana Court of Appeals · 1972
  2. Montgomery Ward & Co. v. GreggIndiana Court of Appeals · 1990
  3. Lazarus Department Store v. SutherlinIndiana Court of Appeals · 1989
  4. Antcliff v. DatzmanIndiana Court of Appeals · 1982
  5. Carrier Agency, Inc. v. Top Quality Building Products, Inc.Indiana Court of Appeals · 1988

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. John E. Trytko, Jr. v. Hubbell, Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1994
  2. St. Anthony Medical Center, Inc. v. SmithIndiana Court of Appeals · 1992
  3. Homehealth, Inc. v. Northern Indiana Public Service Co.Indiana Court of Appeals · 1992
  4. Indianapolis Athletic Club, Inc. v. Alco Standard Corp.Indiana Court of Appeals · 1999
  5. Tipmont Rural Electric Membership Corp. v. FischerIndiana Court of Appeals · 1998

14 more not listed; retrieve them via the Exa API.

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