Tolbert v. Gerber Industries, Inc.

I respectfully dissent from the opinion of the court. In addition to the issue of negligence, the jury had submitted to it issues involving strict liability and implied warranty of fitness for the purpose. The jury found that the equipment involved here was in a defective condition and unreasonably dangerous to the user when it left the hands of both Gerber and Voldco and that the defective condition was the cause of Tolbert’s injuries. It also found that there was a breach of implied warranty by both defendants and that these breaches were a direct cause of the injury to Tolbert. Thus, it…