From our private database of 22,300+ case briefs...
Ostendorf v. Clark Equipment Co.
Supreme Court of Kentucky
122 S.W.3d 530 (2003)
Michael Ostendorf (plaintiff), an employee of Delta Airlines (Delta), was operating a forklift manufactured by Clark Equipment Company (Clark) (defendant). Ostendorf was injured when a baggage-carrier vehicle crashed into his forklift, causing the forklift to tip over. The forklift was compliant with all safety regulations at the time of manufacture, which did not include a requirement for operator restraints. Before the accident, Clark had voluntarily initiated a campaign to retrofit its forklifts with operator restraints. Ostendorf’s forklift had not yet been retrofitted when the accident occurred. Ostendorf filed suit against Clark for, among other things, (1) breach of a duty to retrofit the forklift with operator restraints and (2) negligence with respect to its retrofit campaign. The trial court granted Clark summary judgment. The court of appeals reversed the summary judgment, but held that a manufacturer did not have a duty to retrofit a product and that Clark was not negligent with respect to its retrofit campaign. Ostendorf appealed.
Rule of Law
Holding and Reasoning (Johnstone, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 518,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 518,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.