GEORGE J. TURNER v. MANNING, MAXWELL & MOORE, INC., ET. AL, 216 Va. 245

Summary

Plaintiff employee was injured when he was struck by a hoist. He filed a motion for judgment for damages against defendants manufacturer, its successor in interest, and distributor, alleging negligent design and manufacture, negligent failure to warn, and breach of warranties of fitness, safety, and merchantability. The trial court awarded judgment to defendants. On appeal, the court affirmed. Plaintiff's testimony established that the hoist was being misused at the time of the accident. There was no evidence of negligent design. The hoist was reasonably safe for its intended use and it was the unforeseeable misuse of the hoist, not the absence of an available safety hook, which caused the accident. The implied warranty of merchantability did not apply because of the misuse. There was no duty to warn because the hoist was reasonably safe for its intended purpose. Evidence of post-accident changes was not admissible to rebut evidence that the hoist was safe. However, plaintiff should ...