Rush v. Bucyrus-Erie Co.

McKAY, Justice.

This is an appeal from a take-nothing judgment in a suit by appellants for wrongful death upon the theories of product liability and negligence. Wesley Rush, husband of appellant Deborah Ann Rush and father of Melanie Marie Rush, was killed on October 1, 1975, by the boom of a crane falling upon him while he was in the process of removing headed boom splice pins to dismantle and disassemble the boom. The appellee, Bucyrus-Erie (Bucyrus), was the manufacturer of the boom, a 30B Series 4 Super Crane.

Wesley Rush was a 20 year old construction worker with a wife and one minor…