Beam v. Omark Industries, Inc.

Quillian, Presiding Judge.

This is a products liability case arising out of injuries sustained by the appellant-plaintiff, due to the misfiring of an alleged defective "stud gun,” manufactured by defendant Omark Industries, Inc., and locally distributed by defendant Builders Equipment Company, Inc. Both defendants moved for and were granted summary judgment. Plaintiffs appeal. We reverse. Held:

1. A "stud gun” is a firearm which uses a "power load” (a percussion cap with gunpowder) to propel a "fastner” (either a stud or a nail) into a steel or concrete wall. This gun will cause a nail to…