Cremeans v. Willmar Henderson Manufacturing Co.

Sohio Chemical Co. (Sohio) (defendant) purchased a front-end loader manufactured by Willmar Henderson Manufacturing Co. (Willmar) (defendant). Sohio purchased the loader without a protective safety cage because Sohio employees used the loader to drive into fertilizer storage bins, an activity that would be impossible with a safety cage due to cage dimensions. Willmar asked Sohio to assume liability arising from any injuries due to the lack of a safety cage. Sohio agreed. Michael Cremeans (plaintiff) worked as a loader-operator. One day as Cremeans drove the loader into a fertilizer bin, a fertilizer avalanche occurred. Fertilizer poured onto the loader’s scoop, causing the loader to tip forward. Cremeans became wedged between the loader’s seat and the bin. A safety cage would have prevented Cremeans’s injuries. Cremeans used the loader despite his concerns about its lack of a safety cage and the risks of a fertilizer avalanche. After the accident, Cremeans and his wife (plaintiff) sued Sohio and Willmar, alleging claims of intentional tort against Sohio and products-liability claims against Willmar. Willmar filed a motion for summary judgment, asserting assumption of the risk. The trial court granted Willmar’s motion, leaving only the Cremeanses’ claims against Sohio. The Cremeanses appealed to the appellate court. The appellate court reversed the trial court’s grant of summary judgment. The state supreme court granted a motion to certify the record of the appellate court.