Greenman v. Yuba Power Products, Inc, Supreme Court of CA, 1963 Facts : The Plaintiff saw a Shopsmith combination power tool demonstrated by a retailer and he saw and relied on a brochure prepared by the manufacturer. His wife bought him a Shopsmith, and he bought attachments to use the Shopsmith as a lathe (machine tool) . After working with it several times without difficulty, it suddenly threw a piece of wood out of the machine, and hit him in the head causing severe injuries. A little more than ten months later, he gave the retailer and the manufacturer written notice of claimed breaches of warranties and filed a complaint alleging breaches and negligence. Procedural History : After a trial before a jury, the court ruled that there was no evidence that the retailer was negligent or had breached any express warranty and that the manufacturer was not liable for the breach of any implied warranty.
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- Fall '14
- Marie Boyd
- timely notice