Legal Opinion
Jack Lust, Jr. v. Clark Equipment Co., Inc., John Cecil Lewis Co., Inc., Third-Party v. Floyd Stephen Chapman, Third-Party
Court of Appeals for the Third Circuit
Decided June 4, 1986No. 85-1367PublishedCited by 55 opinions
1Opinion of the Court
BUTZNER, Senior Circuit Judge:
Jack Lust, Jr., asserting breach of an implied warranty of merchantability, appeals from an order granting Clark Equipment Co. judgment notwithstanding a verdict awarding him $55,000 for personal injuries he sustained while attempting to repair a machine manufactured by Clark. The district court held that there was insufficient evidence for the jury to find that Clark’s product was unreasonably dangerous for its intended use and alternatively that recovery was barred as a matter of law because Lust assumed the risk of injury from the product. Because there was…
2Cases cited12 opinions
- Wilbur L. LOVELACE, Appellant, v. SHERWIN-WILLIAMS COMPANY, AppelleeCourt of Appeals for the Fourth Circuit · 1982
- Grenada Steel Industries, Inc. v. Alabama Oxygen Company, Inc. And Sherwood-Selpac CorporationCourt of Appeals for the Fifth Circuit · 1983
- Dreisonstok v. VolkswagenwerkCourt of Appeals for the Fourth Circuit · 1974
- Logan v. Montgomery Ward & Co.Supreme Court of Virginia · 1975
- Spruill v. Boyle-Midway, Inc.Court of Appeals for the Fourth Circuit · 1962
7 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- 48 Fair empl.prac.cas. 972, 48 Empl. Prac. Dec. P 38,527 Warren G. Herold v. Hajoca Corporation, Warren G. Herold v. Hajoca CorporationCourt of Appeals for the Fourth Circuit · 1989
- prod.liab.rep. (Cch) P 13,479 Theodore Alevromagiros v. Hechinger Company White Metal Rolling and Stamping Corporation of Atlanta, GaCourt of Appeals for the Fourth Circuit · 1993
- Robinson v. McNeil Consumer HealthcareCourt of Appeals for the Seventh Circuit · 2010
- Abbot v. American Cyanamid Co.Court of Appeals for the Fourth Circuit · 1988
- J.D. Hamilton v. 1st Source BankCourt of Appeals for the Fourth Circuit · 1990
50 more not listed; retrieve them via the Exa API.