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United States Ninth Circuit


Oswalt v. Resolute Industries, Inc., 10-35313

In an admiralty case, involving products liability claims against a manufacturer of a heater that caught fire on plaintiff’s boat during repairs performed by defendant’s employee, the district court's rulings are affirmed in part where it properly granted summary judgment to manufacturer-co-defendant on employer-co-defendant's inadequate warnings claim, but vacated in part where it erroneously granted summary judgment on the design defect claim. Further, the court properly held employer liable on manufacturer’s implied warranty claim and properly awarded damages for loss of use and surveyor’s fees.

Appellate Information

  • Decided 06/16/2011
  • Published 06/16/2011

Judges

  • Fisher

Court

  • United States Ninth Circuit

Counsel

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