· 7/1/1974
Sterling Jackson v. Coast Paint and Lacquer Company, a Corporation, and Reliance Universal Incorporated, a Corporation
Citations
- 499 F.2d 809
- 1974 U.S. App. LEXIS 7858
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that whether a danger is sufficiently known as to relieve a defendant of its duty to warn is “an issue for the jury”
- discussing Montana law which, like Missouri law, follows the Restatement 2d on Torts
- good discussion of contributory fault defense, under Montana law, which adopted the Restatement 2d, as did Missouri
- ignition of paint fumes from static electricity or broken light bulb; sufficiency of warning “Keep away from heat, sparks, and open flames. USE WITH ADEQUATE VENTILATION” was a question of fact
- “On the issue of the duty to warn, however, the question.. . . .is whether ‘the danger, or potentially [sic] of danger, is generally known and recognized . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Merrill, Ely, Zirpoli
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.