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Tolbert v. Gerber Industries, Inc.

255 N.W.2d 362(1977)

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Tolbert v. Gerber Industries, Inc.

Minnesota Supreme Court
255 N.W.2d 362(1977)

Facts

An operating company entered an agreement with Voldco, Inc. (defendant) for the installation of a loading leg for grain. Voldco obtained the component parts for the loading leg from Gerber, Inc. (defendant). One of the component parts was sent to Voldco with the wrong angle for installation. A Voldco employee, Tolbert (plaintiff), was injured as a result of the defective part. Tolbert brought suit against Voldco and Gerber for negligence, strict liability, and breach of implied warranty. The jury found Voldco and Gerber 100 percent jointly liable. However, the trial court awarded 100 percent indemnity to Voldco. Gerber appealed. The Minnesota Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Otis, J.)

Dissent (Rogosheske, J.)

Dissent (Kelly, J.)

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