Lewis v. Bucyrus-Erie, Inc.

RENDLEN, Judge.

Delbert Lewis and Goldie, his wife, brought their action against Bucyrus-Erie (hereinafter B-E) manufacturer and against Sharp Enterprises (hereinafter Sharp) operator of a crane which toppled causing Delbert extensive personal injuries. Settling with Sharp for $290,000, plaintiffs continued against the manufacturer B-E as sole defendant on a theory of strict tort liability (MAI 25.04) for product defect. 1 Following a defendant’s verdict plaintiffs sought review in the Court of Appeals, Western District, where the judgment was affirmed on the basis of plaintiffs having failed…