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LUST v. CLARK EQUIPMENT CO., INC.

No. 85-1367.

792 F.2d 436 (1986)

Jack LUST, Jr., Appellant, v. CLARK EQUIPMENT CO., INC., Appellee, JOHN CECIL LEWIS CO., INC., Third-Party Defendant, v. Floyd Stephen CHAPMAN, Third-Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Hugh E. Donovan (Donovan & Nash, Silver Springs, Md., on brief), and Peter C. Burnett, Leesburg, Va., for appellant.

Edward S. Digges, Jr. (Digges, Wharton & Levin, Annapolis, Md., on brief), for appellee.

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

BUTZNER, Senior Circuit Judge:

Jack Lust, Jr., asserting breach of an implied warranty of merchantability, appeals from an order granting Clark Equipment Co. judgment notwithstanding a verdict awarding him $55,000 for personal injuries he sustained while attempting to repair a machine manufactured by Clark. The district court held that there was insufficient evidence for the jury to find that Clark's product was unreasonably dangerous for its intended use and alternatively...

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