GREENMAN V. YUBA POWER PRODUCTS, INC.
Sup. Ct. of Cal., 59 Cal.2d 57, 377 P.2d 897 (1963)
NATURE OF THE CASE: Greeman (P) sued Yuba (Ds), a retailer and a manufacturer, seeking to
recover for personal injuries sustained while using a power tool made by the manufacturer
and sold by the retailer. P alleged breach of express and implied warranties and negligence.
P and D appealed from a judgment.
FACTS: Greenman (P) was injured by a combination power tool manufactured by Yuba (D). P
got a Shopsmith for Christmas in 1955. D manufactured the unit. It was a combination power
tool that could be used as a saw, drill, and wood lathe. When using the product as a wood
lathe a piece of wood flew out of the machine and severely injured P. Ten and one half
months later, P gave D notice of a breach of the express warranties contained in D's
brochures and sued both the retailer and the manufacturer for breach of those warranties and
negligence. P introduced substantial evidence that the injuries he sustained were caused by
the tool's defective design and construction. P's expert witnesses testified to show design
defects that caused the accident, and showed that there were reasonable design alternatives.
D showed that P did not give prompt notification of the breach of warranty required by state
law. The court ruled that there was no evidence that the retailer was negligent or had
breached any express warranty and that the manufacturer was not liable for the breach of any
implied warranty. It submitted only the cause of action alleging breach of implied
warranties against the retailer and the causes of action alleging negligence and breach of
express warranties against the manufacturer. The retailer prevailed but P got a verdict
against D $65,000. P and D appealed. P seeks a reversal of the part of the judgment in favor
of the retailer only if the judgment against D was overturned.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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