Thompson v. Package MacHinery Co.

Opinion

HERNDON, J.

Plaintiff brought this action seeking recovery of damages for personal injuries allegedly sustained by her as a result of the defective design of a machine manufactured by defendant’s predecessor. She invokes the doctrine of strict liability.

The case was tried with a jury which returned a verdict for the defendant. Plaintiff appeals from the judgment contending that there were prejudicial errors in the trial court’s instructions. We have concluded that there is merit in plaintiff’s contentions and that a new trial should be ordered.

Statement of the Facts

At the time of her…