Legal Opinion

Garland MELTON, Plaintiff-Appellant, v. DEERE & COMPANY, Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided October 26, 1989No. 88-4439PublishedCited by 41 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

A plaintiff injured when cleaning out a combine’s unloader brought this products liability claim against the combine's manufacturer. Finding the unloader’s danger open and obvious, the district court directed a verdict in favor of the manufacturer. We affirm.

I

Garland Melton’s arm was caught in the auger of a vertical unloader of a combine manufactured by Deere & Co. The function of the vertical unloader is to discharge grain from the grain tank. At times, the grain tank and unloading system must be cleaned out. For this purpose, a five-by-five-inch opening is…

2Cases cited9 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. State Stove Manufacturing Company v. HodgesMississippi Supreme Court · 1966
  3. Whittley v. City of MeridianMississippi Supreme Court · 1988
  4. Victor and Marie Perkins v. Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 1979
  5. Ernest J. Ramos, Cross-Claimants and Intervenors-Appellants v. Liberty Mutual Insurance Company, Shell Oil Company, Harold Lee Engineering Co., Cross-Claimants and Third Party v. Livingston Corporation, Cross-Claimants and Third Party DefendantsCourt of Appeals for the Third Circuit · 1980

4 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Wheeler v. John Deere Co.Court of Appeals for the Tenth Circuit · 1991
  2. Myron Batts v. Tow-Motor Forklift Company and Caterpillar, Inc., Caterpillar, Inc.Court of Appeals for the Fifth Circuit · 1995
  3. Sperry-New Holland v. PrestageMississippi Supreme Court · 1993
  4. Kelley v. Price-Macemon, Inc.Court of Appeals for the Fifth Circuit · 1993
  5. Clair W. BURKE, Appellee, v. DEERE & COMPANY, A/K/A John Deere Company, a Delaware Corporation, AppellantCourt of Appeals for the Eighth Circuit · 1993

36 more not listed; retrieve them via the Exa API.

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