Garrett v. IR WITZER CO., INC.

In this appeal, we consider whether a plaintiff established a prima facie case of negligence and breach of warranty against a manufacturer and a seller of a product.

The plaintiff, Michael W. Garrett, filed his motion for judgment against I. R. Witzer Company, Inc. (“Witzer Company”), Tidewater Mack, Inc. (“Tidewater Mack”), and Hydraulic Service Company, Inc. The plaintiff settled his claims against Hydraulic Service Company, which was dismissed with prejudice from the case. The plaintiff proceeded to trial against the remaining defendants. At the con elusion of the plaintiff’s case, the…