Legal Opinion · Dissent

Hancock v. Paccar, Inc.

Nebraska Supreme Court

Decided September 4, 1979No. 41938Published

1DissentClinton, J.

I dissent because I believe the undisputed facts did not establish a cause of action under either strict liability in tort or negligent design under the prior decision of this court. I deem it unwise, for reasons which are hereafter set forth, to extend the doctrines to the point that the majority opinion does, i.e., although without saying so it essentially makes the manufacturer an insurer.

The essence of the majority opinion is that the mere opinion of an expert, rendered after the fact, is sufficient to make a prima facie case admissible to *490the jury. Such an opinion may or may not be…

2Cases cited6 opinions

  1. Nellie Mae Marker, Administratrix of the Estate of Donald Orvel Marker, Deceased v. Universal Oil Products Company, a CorporationCourt of Appeals for the Tenth Circuit · 1957
  2. Garst v. General Motors CorporationSupreme Court of Kansas · 1971
  3. Kohler v. Ford Motor CompanyNebraska Supreme Court · 1971
  4. Stevens v. Durbin-Durco, Inc.Supreme Court of Missouri · 1964
  5. Georgette Henriod Mitchell v. MacHinery Center, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1962

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