Karabatsos v. Spivey Co.

This is an appeal from a judgment for the plaintiff in a products liability case. The defendant-installer appeals arguing that as a matter of law the plaintiff assumed the risk, and, that because of certain alteration in the product, the installer could not be held liable because of an initial failure to install certain safety devices. We hold that under the facts and issues presented the trial court properly submitted the case to the jury, and affirm.

On June 26, 1970, at 3 a.m. the principal plaintiff Karabatsos (hereinafter referred to as plaintiff) was ending his work for the day with…