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Unread 07-01-2017, 10:18 AM   #4
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Mike Poindexter
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The trial court threw it out ("nonsuit") before it ever got to the jury. The appeals court upheld the dismissal, saying any warranty from the manufacturer flowed to the first purchaser, Simons Hardware, and not to subsequent purchasers. This was six years before the doctrine of product liability was introduced in Henningsen v. Bloomfield Motors which extended implied warranties to the ultimate user. Negligence was supported by potential expert testimony, as the court discussed, but courts back then weren't so free in allowing experts to testify to the ultimate issue, or causation. Hence, the nonsuit. FWIW
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