Nancy L. Bly, Administratrix of Wayne A. Bly, Deceased v. Otis Elevator Company, a New Jersey Corporation

JAMES DICKSON PHILLIPS, Circuit Judge:

Otis Elevator Co. appeals from a final judgment in the district court, entered on a general jury verdict, holding it liable on a breach of warranty theory for personal injuries suffered by plaintiff’s decedent. Because there was error in the jury instructions regarding the manufacturer’s duty to warn as an element of the warranty of merchantability, we vacate the judgment and remand for a new trial.

I

Plaintiff’s decedent, Wayne Bly, was injured while operating a lift truck at the Avtex Fibers Plant in Virginia where he was employed. The truck was equipped…