(DOWNLOAD) "Rex Wilson and Shirley Wilson v. Danuser" by Southern District, Division One Court of Appeals of Missouri ~ Book PDF Kindle ePub Free

July 26, 2021

eBook details

Title: Rex Wilson and Shirley Wilson v. Danuser
Author : Southern District, Division One Court of Appeals of Missouri
Release Date : January 10, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

Description

This is a product liability case instituted by Plaintiffs, Rex and Shirley Wilson (hereinafter Rex or Shirley), against Defendant,
Danuser Machine Company, Inc. (hereinafter Danuser). The suit arose out of Rex's use of a Model MS-1 log splitter manufactured
by Danuser. While using the log splitter Rex suffered the loss of three fingers from his right hand. The case was submitted
to a jury on a strict liability design defect theory. The jury returned a verdict assessing Rex's damage at $400,000 and Shirley's
at $100,000. Fault was assessed at 57 percent to Rex and at 43 percent to Danuser. Both sides appeal. The consolidated appeals
will be separately addressed. On appeal, Rex claims the evidence failed to support the submission of the affirmative defense instruction of comparative
fault because the evidence only established that Rex's conduct "was the product of an inadvertent reaction and was not voluntary."
Danuser urges with equal vigor that Rex failed to prove that the log splitter was in a defective and unreasonably dangerous
condition and that it failed to perform or malfunctioned. Danuser also alleges that the question of Rex's impaired future
earnings was erroneously submitted to the jury. This Court affirms the judgment.