United States Seventh Circuit

In a products liability suit against a company that rebuilt a crane involved in an accident, judgment for defendant is affirmed where a misleading instruction on "open and obvious" dangers did not determine the jury's verdict, since the defendant's principal argument was not that the danger was obvious, but that the safety precautions were adequate and that the culpable cause of the accident was the failure to instruct the operator adequately in the safe operation of the crane.

Appellate Information

• Decided 01/02/2008
• Published 01/02/2008

Judges

• POSNER, Circuit Judge., Before POSNER, RIPPLE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• William J. Lazarus (argued), Allen & Associates, Valparaiso, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• Alyssa M. Campbell (argued), Williams Montgomery & John, Chicago, IL, for Defendant-Appellee.