DAVID DOWNIE and DWAYNE BERESKA, Plaintiffs, v. ABEX CORPORATION, a corporation, Defendant-Appellee/Cross-Appellant, v. GENERAL MOTORS CORPORATION, a corporation, Third-Party Defendant-Appellant/Cross-Appellee, 741 F.2d 1235

Summary

Plaintiff injured employees were injured when defendant product manufacturer's jetway collapsed due to a defective part manufactured by third-party defendant part manufacturer. Before trial, plaintiffs and defendant settled. After trial, judgment was entered finding liability for the injuries and for property damage to defendant under an express warranty. Third-party defendant was granted judgment notwithstanding the verdict on the express warranty. Defendant and third-party defendant appealed. The court reversed the judgment notwithstanding the verdict and remanded. The court found that on the basis of the evidence and resolving all facts in the light most favorable to defendant, a rational jury could have found an express warranty. The court also found that the breach of the express warranty was the proximate cause of the property damage.