Torts – negligence — strict products liability

Wisconsin Court of Appeals

Civil

Torts – negligence — strict products liability

Donald and Geraldine Forsythe appeal a circuit court judgment dismissing their claims for negligence and strict products liability against Indian River Transport Company. The claims arise out of an incident in which Donald Forsythe was injured while attempting to repair a leaking valve on a tanker truck owned and operated by Indian River. The Forsythes argue that the court erred in granting summary judgment to Indian River on their claims. We agree as to the negligence claim but not as to the strict products liability claim. Accordingly, we affirm the judgment in part, reverse it in part, and remand for further proceedings. Not recommended for publication in the official reports.

2012AP58 Forsythe, et al. v. Indian River Transport Company, et al.

Dist IV, Monroe County, Rice, J., Blanchard, J.

Attorneys: For Appellant: Tool, Tracy N., River Falls; For Respondent: Werkowski, Paul C., Greenfield