Western Manufacturing, Incorporated, manufactures a mobile pump for the commercial application of stucco to buildings. The pump consists of a diesel engine, a mixer for the stucco, a batch hopper, a pumping mechanism, and a hose, all mounted on a two wheel trailer that can be hitched to a truck. The pump pulls slurry from the hopper into a thick 250 foot long rubber hose for application. The slurry is made with cement and water in the mixer and then added to the hopper. A fitting lock attaches the hose in place. Dorel Roman is a stucco subcontractor. About 15 minutes after one of Roman’s workers had started using the pump to spray stucco on a building, the high pressure hose dislodged and struck Roman, who was 20 feet from the hose, causing severe injuries to Roman’s legs. Roman sued Western for strict liability to recover damages for his injuries. Roman alleged that the mobile pump contained a defect in construction when it was produced by Western that caused the hose to dislodge, thus causing Roman’s injuries. Roman introduced expert witnesses who testified that the pump had been improperly manufactured by Western and that there was a defect in manufacture. Is Western Manufacturing strictly liable for Roman’s injuries based on a defect in manufacture? Roman v. Western Manufacturing, Incorporated, 691 F. 3d 686, 2012 U. S. App. Lexis 17353 (United States Court of Appeals for the Fifth Circuit, 2012)
Answer to relevant QuestionsDwayne Maddox and his wife, Amanda, were driving home on a highway in their Nissan Pathfinder SUV. Dwayne, who was driving the vehicle, weighed 170 pounds, and Amanda, who was sitting in the passenger seat, weighed 240 ...Barbara K. Thompson purchased a Sunbean brand food hand mixer. The mixer was made by Simatelex, a company located in Hong Kong, China, marketed in the United States by Sunbeam Products, Inc., and purchased by Thompson at a ...Intel Corporation is a large company that distributes its en-tire line of products and services under the registered trademark and service mark INTEL. The company also owns numerous marks that incorporate its INTEL marks as ...Detective William Pedraja of the Miami Dade Police Department received a Crime Stoppers unverified tip that one of the tipper’s neighbors, Joelis Jardines, was growing marijuana in his house. Detective Pedraja and ...Wilbert Heikkila listed eight parcels of real property for sale. David McLaughlin submitted written offers to purchase three of the parcels. Three printed purchase agreements were prepared and submitted to Heikkila, with ...
Post your question