Bowling v. Heil Co.
Supreme Court of Ohio
511 N.E.2d 373 (1987)
Bowling was using a dump truck manufactured by Heil (defendant). After Bowling dumped a load of gravel, the truck’s bed would not descend. Trying to fix the problem, Bowling crawled underneath the raised truck bed to reach the control lever on the pump valve assembly. Bowling moved the control lever, which caused the truck bed to fall down, killing him instantly. Bowling’s representatives (plaintiffs) brought a strict liability claim against Heil for its defective product. The jury found that Bowling was contributorily negligent, but had not voluntarily assumed any risk. The trial court entered a judgment for the full amount of damages, but the appellate court reversed and reduced the award because of Bowling’s contributory negligence.
Rule of Law
Holding and Reasoning (Brown, J.)
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