Legal Opinion

Patch v. Hillerich & Bradsby Co.

Montana Supreme Court

Decided July 21, 2011No. DA 10-0051PublishedCited by 13 opinions

1Opinion of the CourtJustice Wheat

¶1 A jury in the First Judicial District Court, Lewis and Clark County, found Hillerich & Bradsby Company (“H&B”) liable in strict products liability for failing to warn Brandon Patch (Brandon) and his parents of the risks associated with its model CB-13 aluminum baseball bat. H&B appeals.

¶2 We address the folio-wing issues on appeal:

¶3 Issue 1: Did the District Court properly deny H&B’s summary judgment motion on Patches’ failure to warn claim ?

¶4 Issue 2: Did the District Court properly deny H&B’s Rule 50(b) motion for judgment as a matter of law?

¶5 Issue 3: Did the District Court properly…

2Cases cited16 opinions

  1. Davis v. Wyeth Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1968
  2. Brandenburger v. Toyota Motor Sales, U. S. A., Inc.Montana Supreme Court · 1973
  3. Johnson v. Costco WholesaleMontana Supreme Court · 2007
  4. Peterson v. St. Paul Fire & Marine InsuranceMontana Supreme Court · 2010
  5. Emery v. Federated Foods, Inc.Montana Supreme Court · 1993

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3Cited by13 opinions

  1. Smith v. Farmers Union Mutual InsuranceMontana Supreme Court · 2011
  2. Warrington v. Great Falls Clinic, LLPMontana Supreme Court · 2019
  3. Lawing v. Trinity Manufacturing, Inc.Court of Appeals of South Carolina · 2013
  4. Patterson Enterprises, Inc. v. JohnsonMontana Supreme Court · 2012
  5. Alexander v. MDU Resources GroupDistrict Court, D. Montana · 2020

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

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