Legal Opinion

Hopper v. Crown

Supreme Court of Louisiana

Decided March 30, 1990No. 90-C-0142PublishedCited by 6 opinions

1Opinion of the Court

558 So.2d 1117 (1990)

Kevin HOPPER

v.

CROWN, et al.

No. 90-C-0142.

Supreme Court of Louisiana.

March 30, 1990.

Granted. Summary judgment reversed and vacated. Remanded for further proceedings.

2ConcurrenceLemmon, Justice

When a product is unreasonably dangerous in normal use and the seller knew or should have known of the defect, the seller has a duty to warn of the defect.

Whether the lack of a door or a restraining device rendered the forklift unreasonably dangerous in normal use is a contested issue of fact and law to be decided at trial.[1] If it is assumed for purposes of the summary judgment in this case that the product…

3Cases cited2 opinions

  1. Ingram v. Caterpillar MacHinery Corp.Supreme Court of Louisiana · 1988
  2. Simmons v. Imperial Lloyds Insurance Co.Supreme Court of Louisiana · 1990

4Cited by6 opinions

  1. Kelley v. Price-Macemon, Inc.Court of Appeals for the Fifth Circuit · 1993
  2. Adams v. Owens-Corning Fiberglas Corp.Louisiana Court of Appeal · 2005
  3. Hopper v. CrownLouisiana Court of Appeal · 1994
  4. Viator v. P & a Well Service, Inc.Louisiana Court of Appeal · 1993
  5. Alexander v. Toyota Motor Sales, U.S.A.Louisiana Court of Appeal · 2013

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