Bavuso v. Caterpillar Industrial, Inc.

In response to special questions, a jury in the Superior Court concluded that the defendant, Caterpillar Industrial, Inc., had committed a breach of its implied warranty of merchantability in the manufacture of a forklift truck leased by the plaintiff’s employer. The verdict was premised on a finding that the defendant had failed to furnish adequate warnings of hazards in connection with the plaintiff’s operation of the forklift. A judgment awarding damages in accordance with the jury’s verdict was entered, and the defendant appealed. We transferred the case to this court on our own motion.…