Garland MELTON, Plaintiff-Appellant, v. DEERE & COMPANY, Defendant-Appellee
Court of Appeals for the Fifth Circuit
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
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- State Stove Manufacturing Company v. HodgesMississippi Supreme Court · 1966
- Whittley v. City of MeridianMississippi Supreme Court · 1988
- Victor and Marie Perkins v. Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 1979
- 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
- Wheeler v. John Deere Co.Court of Appeals for the Tenth Circuit · 1991
- Myron Batts v. Tow-Motor Forklift Company and Caterpillar, Inc., Caterpillar, Inc.Court of Appeals for the Fifth Circuit · 1995
- Sperry-New Holland v. PrestageMississippi Supreme Court · 1993
- Kelley v. Price-Macemon, Inc.Court of Appeals for the Fifth Circuit · 1993
- 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.