Bowler v. Stewart-Warner Corp.

Appellant Bowler filed a complaint alleging three counts: strict liability (the chair casters were “defective” and “unreasonably dangerous”); implied warranty (breach of implied warranty of the chair’s “fitness for its particular purpose”); and negligence.1 The trial court granted appel-lee Stéwart-Warner Corp.’s motion for a directed verdict as to the alleged breach of warranty and negligence but, interestingly, kept a warranty count alive by instructing the jury on the implied warranty of merchantability, as well as on strict liability. The trial court accordingly submitted the case to the…