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Price v. Shell Oil Co.

466 P.2d 722 (1970)

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Price v. Shell Oil Co.

California Supreme Court

466 P.2d 722 (1970)

Facts

Merton Price (plaintiff) was an aircraft mechanic whose employer, Flying Tiger, leased a gasoline-tank truck from Shell Oil Co. (Shell) (defendant). The truck was equipped with a ladder. Four years later, at Flying Tiger’s request, Shell had the ladder replaced with a ladder from an undisclosed manufacturer. Two years later, the ladder broke, and Price suffered serious injuries as a result. Price brought suit against Shell on claims of negligence and breach of warranties, both of which were nonsuited by the trial court. Price then submitted a strict-liability claim on which the jury returned a verdict against Shell. Shell appealed. The California Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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