Tabieros v. Clark Equipment Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding, as a matter of law, that the danger posed in using a straddle carrier, i.e., the blind zone, is obvious and apparent, dis-cernable by casual inspection, and generally known and recognized
• noting that \complete failure to object will waive the point\ concerning admissibility of evidence
• noting that “it is [t]he legal duty of manufacturers ... to exercise reasonable care in the design and incorporation of safety features to protect against foreseeable dangers ” (citation and internal quotation marks omitted) (brackets in original) (emphasis added)
• explaining that NIED is an independent tort, but one that is “derivative,” in the sense that to prevail on an NIED claim, plaintiffs must establish an underlying negligence claim under the applicable standard of care
• refusing to impose on a manufacturer a “continuing duty to retrofit its products, subsequent to their manufacture and sale, with post-manufacture safety devices that were unavailable at the time of manufacture”
• stating the elements of a product liability claim for strict liability, negligence, and failure-to-warn under Hawaii law

Source: CourtListener parenthetical corpus (CC0).