Legal Opinion
Josh Thudium v. Allied Products Corporation v. Fulton Performance Products, Inc., Third-Party
Court of Appeals for the Third Circuit
Decided October 4, 1994No. 94-1425PublishedCited by 4 opinions
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
Allied Products Corporation (“Allied”) and Fulton Performance Products, Inc., (“Fulton”) appeal a judgment in favor of plaintiff/appellee Josh Thudium for injuries sustained when he was struck by a falling grain auger. Thudium submitted three theories of recovery to the jury: negligence, strict liability for defective design, and strict liability for failure to warn. On the basis of the first two claims, the jury awarded Thudium $140,000. The district court reduced this amount by $4,100, the amount that Thudium received in insurance payments. In addition,…
2Cases cited7 opinions
- Winters v. Sears, Roebuck and Co.Missouri Court of Appeals · 1977
- Leonard DRABIK, Appellee, v. STANLEY-BOSTITCH, INC., Defendant, Bostitch, a Division of Textron, Inc., AppellantCourt of Appeals for the Eighth Circuit · 1993
- Phil Crowley Steel Corporation, a Corporation v. MacOmber Incorporated, an Ohio CorporationCourt of Appeals for the Eighth Circuit · 1979
- The Aetna Casualty and Surety Company and Southwestern Bell Telephone Company v. General Electric CompanyCourt of Appeals for the Eighth Circuit · 1985
- Sperry v. Bauermeister, Inc.District Court, E.D. Missouri · 1992
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3Cited by4 opinions
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- Crisomia v. Parkway Mortgage, Inc. Ex Rel. Alan Cherry, Inc. (In Re Crisomia)United States Bankruptcy Court, E.D. Pennsylvania · 2002
- Daryl Smith v. Quartet Sales, Inc.Court of Appeals for the Eighth Circuit · 2000
- SQIP, LLC v. Cambria Company LLCDistrict Court, D. Minnesota · 2025