JACK FROST, INC. v. ENGINEERED BLDG. COMPONENTS

No. 49416.

304 N.W.2d 346 (1981)

JACK FROST, INC., Respondent, v. ENGINEERED BUILDING COMPONENTS COMPANY, INC., defendant and third-party plaintiff, Respondent. FOLEY FUEL AND LUMBER COMPANY, INC., defendant and third-party plaintiff, Respondent, v. HYDRO-AIR ENGINEERING, INC., third-party defendant, Appellant.

Supreme Court of Minnesota.

April 10, 1981.


Attorney(s) appearing for the Case

Gordon Rosenmeier and John E. Simonett, Little Falls, Roger Quinlivan, St. Cloud, for respondent.

Van Eps & Gilmore and Duane Arndt, Minneapolis, for Engineered Bldg. Components Co., Inc.

Gislason & Martin, Edina, for Foley Fuel and Lumber Co., Inc.

Ryan, Ryan, Ebert & Ruttger, Brainerd, for Hydro-Air Engineering, Inc.

Heard before PETERSON, YETKA, and WAHL, JJ., and considered and decided by the court en banc.


PETERSON, Justice.

Plaintiff, Jack Frost, Inc. (Jack Frost), brought this products liability action against defendants Foley Fuel and Lumber Co., Inc. (Foley) and Engineered Building Components, Inc. (EBCO), the retailer and manufacturer of the allegedly defective product. Foley and EBCO impleaded Hydro-Air Engineering, Inc. (Hydro-Air), the designer of the product. Hydro-Air appeals from the trial court's denial of its post-trial motion for judgment notwithstanding...

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