Joseph W. Spangler v. Kranco, Inc.

(dissenting) :

I dissent because I believe the district court erred in withdrawing the case from the jury. Under Virginia law, the manufacture of a product, which— though not dangerous in itself — becomes dangerous when it is used in its customary or ordinary manner, owes a duty of reasonable care to any person who might foreseeably be injured because of the product’s negligent design or manufacture. Olds v. Wood, 196 Va. 960, 86 S. *376E.2d 32, 34 (1955) (dictum); Restatement (2d) of Torts §§ 388, 395, 398 (1965). While it may be said that Kranco’s crane was not inherently dangerous, it cannot be…