Russell v. Sears, Roebuck & Co.

LANIER, Judge.

This action is a suit for damages in tort asserting a products liability cause of action. The defendant filed a motion for a summary judgment asserting, among other things, that the facts were uncontested and showed that the sole cause of the accident was victim fault. The trial court agreed and rendered a summary judgment in the defendant’s favor. The plaintiffs took this devolutive appeal.

PACTS

Thomas Wayne Russell purchased a used Sears, Roebuck and Company (Sears) 1974 12-inch Craftsman table saw in 1981. He used the saw, along with a variety of other tools, in his sawmill…