Zacher v. Budd Co.

SABERS, Justice (on reassignment).

This appeal arises from the final judgment entered upon the jury’s verdict, the trial court’s denial of plaintiffs motion for new trial, and orders awarding costs to defendants. We reverse and remand.

James Zacher (Zacher), an employee of the Windmill Truck Stop in Rapid City, South Dakota (Windmill), was injured on August 2, 1978, when a multi-piece truck wheel exploded during remounting. Zacher filed an action for damages based on the three substantive theories of product liability: strict liability, breach of implied warranty, and negligence. All three…