Davenport v. Correct Manufacturing Corp.
Ohio Supreme Court
493 N.E.2d 1331, 24 Ohio St. 3d 131 (1986)
William Davenport (plaintiff) was allegedly injured when a cherry picker owned by his employer, Wendell Fisher, collapsed due to a defective rod-end assembly. Davenport alleged that prior to the incident, E. H. J. Skyworker Services, Inc. (Skyworker) had repaired the cherry picker and failed to warn of the defective rod-end assembly. Skyworker alleged it did not have knowledge of the defect and had no duty to discover it. At trial, there was a disputed statement from a representative of the cherry-picker manufacturer, Correct Manufacturing Corporation (Correct), to Herbert Van Dyke, an agent of Skyworker at the time of repair, that the defective piece needed replacement. Skyworker alleged it was not responsible for Van Dyke’s knowledge because it had been learned before Van Dyke became an agent of Skyworker. The trial court granted summary judgment in favor of Skyworker. On appeal, the court of appeals reversed the summary judgment, but it held that Skyworker could not be held accountable for Van Dyke’s knowledge learned prior to becoming an agent.
Rule of Law
Holding and Reasoning (Per curiam)
Concurrence/Dissent (Wright, J.)
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