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BLY v. OTIS ELEVATOR CO.

No. 82-1430.

713 F.2d 1040 (1983)

Nancy L. BLY, Administratrix of Wayne A. Bly, deceased, Appellee, v. OTIS ELEVATOR COMPANY, a New Jersey Corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1983.

Attorney(s) appearing for the Case

Jean-Pierre Garnier, Falls Church, Va., for appellant.

Stephen D. Annand, Alexandria, Va. (Cohen & Annand, P.C., Charles Shepard Cox, Jr., Alexandria, Va., on brief), for appellee.

Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

Otis Elevator Co. appeals from a final judgment in the district court, entered on a general jury verdict, holding it liable on a breach of warranty theory for personal injuries suffered by plaintiff's decedent. Because there was error in the jury instructions regarding the manufacturer's duty to warn as an element of the warranty of merchantability, we vacate the judgment and remand for a new trial.

I

Plaintiff...

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