MURRAY V. FAIRBANKS MORSE
610 F.2d 149 (3rd Cir. 1979)
NATURE OF THE CASE: This was a products liability action.
FACTS: P was injured while installing a 1.5-ton electrical control panel on a platform
over an open space approximately 10 feet above the concrete floor of the refinery. While
attempting to fix a hole alignment problem, a cross member gave way and P fell and incurred
severe injuries to his spine. The cross member gave way because it was tack welded instead
of but welded. P sued in products liability under strict liability and negligence. D
attempted to prove that the method of installation was highly dangerous and that P assumed
the risk. The district court held that comparative negligence was applicable to strict
products liability and so instructed the jury. The jury found D liable under both theories
and that P was 5% at fault and awarded P $2,000,000 which was reduced to $1,747,000. D's
motion for a new trial was not granted. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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