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)

  • CreatedAugust 12, 2015
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