Seibel v. Symons Corporation

I dissent.

The majority have held that “under the circumstances of this case, we hold that the determination of the adequacy of the warning is for the jury.” I do not agree.

At the close of the plaintiff’s case and again at the close of the entire case, the manufacturer moved for a directed verdict on several grounds, one of which was that the evidence established that the manufacturer had given its vendee (Morrison-Knudsen) adequate warning not to hang off v-shaped end rail support rods. It argued that failure to pass on the warning to the employees was the fault of Morrison-Knudsen and not…