Tillman v. Vance Equipment Co.

286 Or. 747, 596 P.2d 1299 (1979)

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Tillman v. Vance Equipment Co.

Oregon Supreme Court
286 Or. 747, 596 P.2d 1299 (1979)

  • Written by Sharon Feldman, JD

Facts

Vance Equipment Company (Vance) (defendant) was a used-equipment dealer. Durametal asked Vance to find a crane for Durametal to purchase. Vance found a 24-year-old crane that looked suitable. Durametal inspected and approved the crane. Vance purchased the crane and resold it to Durametal, marking the transaction “as is.” Buddy Tillman (plaintiff), a Durametal employee, was assigned to grease and operate the crane. While Tillman was greasing the gear, his hand was drawn into the gears and injured. Tillman sued Vance for his injuries based on the theory of strict liability in tort, alleging that the crane was defectively designed because it could not be greased properly without removing the protective gear cover and Vance failed to warn of the danger. The trial court found for Vance because the crane was used and was sold “as is.” Tillman appealed.

Rule of Law

Issue

Holding and Reasoning (Denecke, C.J.)

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