· 10/14/2005
Koken v. Black & Veatch Construction, Inc.
Citations
- 426 F.3d 39
- 68 Fed. R. Serv. 649
- 57 U.C.C. Rep. Serv. 2d (West) 775
- 2005 U.S. App. LEXIS 22193
- 2005 WL 2596458
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding factual evidence did not support a finding that the damage would not have occurred if the alternative warning had been provided
- holding in product liability claims after fire blanket failed during torch-cutting operation, engineering expert’s opinion that there should have been warning on blanket was unreliable because expert did not explain any underlying methodology to support opinion
- applying Maine law and granting summary judgment to the defendant on plaintiff's failure-to-warn claim because there was no evidence regarding the possible consequences of the plaintiff's proposed alternative warning
- “The question is not the subjective expectations of the particular user, but the reasonable expectations of an ordinary user or purchaser.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Dyk, Howard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.