Rourke v. Garza

It is my conviction that the facts of this case, as a matter of law, preclude recovery upon the theory of strict liability.

As stated in the majority opinion, the four scaffold boards were delivered as un-assembled components of a scaffold and the absence of cleats on some of the boards was readily apparent to the casual observer at the time of delivery. Har-Con, an experienced, industrial user of scaffolding equipment) had leased such material in their unassembled state from Rourke on a number of prior occasions. Har-Con’s superintendent on the job site, inspected the materials and signed…