Evans v. NACCO Materials Handling GroupAnnotate this Case
The Supreme Court affirmed the judgment of the trial court dismissing Plaintiff’s wrongful death action against the manufacturer of a lift truck, holding that Plaintiff’s evidence failed, as a matter of law, to establish a design defect.
Plaintiff sued the manufacturer of the lift truck, on theories of negligent design and breach of an express or implied warranty. A jury returned a verdict for Plaintiff on a theory of negligent design. The trial court subsequently dismissed the case on the basis that the evidence established contributory negligence as a matter of law. The Supreme Court affirmed on the alternate basis that Plaintiff’s evidence failed to establish a negligent design as a matter of law.