Kirkbride v. Terex USA

Plaintiff Larry Kirkbride was injured while attempting to dislodge a foreign object from a portable rock-crushing plant manufactured by the predecessor of Defendant Terex USA, LLC. Kirkbride brought a products-liability action against Terex, and a jury found the company liable for failure to adequately warn of the plant’s dangers, for defectively manufacturing a critical part inside the crushing plant that led to Kirkbride’s injury, and for breaching an implied warranty of merchantability. Terex argued on appeal to the Tenth Circuit that Kirkbride failed to present sufficient admissible evidence to establish his claims, and that the jury was wrongly instructed on the implied-warranty claim. After review, the Tenth Circuit agreed that there was insufficient evidence to hold Terex liable on any of the theories of recovery that went to the jury, and as a result, Terex was entitled to judgment as a matter of law. View "Kirkbride v. Terex USA" on Justia Law