SIMON v. AMERICAN CRESCENT ELEVATOR CO.

No. 99-CA-2058.

767 So.2d 64 (2000)

Scott and Connie SIMON, Individually and on Behalf of their minor children, Keri, Scott, Annie, David and Christopher Simon v. AMERICAN CRESCENT ELEVATOR COMPANY and Ridgid Company, a/k/a the Ridge Tool Company.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied November 13, 2000.


Attorney(s) appearing for the Case

George J. Nalley, Jr., Dona J. Dew, George J. Nalley, Jr., APLC, Metairie, Louisiana, Counsel for Plaintiffs-Appellees Scott And Connie Simon, Individually and on Behalf of their minor children.

Dominic J. Gianna, Alan D. Weinberger, Middleberg, Riddle & Gianna, New Orleans, Louisiana, and Edward F. Kohnke, IV, Francis H. Brown, III, Frederick Thomas Greschner, Jr., Frilot, Partridge, Kohnke & Clements, L.C., New Orleans, Louisiana, Counsel for Defendant-Appellant Ridgid Company a/k/a Ridge Tool Company.

James A. Babst, Lamothe & Hamilton, P.L.C., New Orleans, Louisiana, and Victor E. Schwartz, Mark A. Behrens, Barry M. Parsons, Crowell & Moring LLP, Washington, D.C., and Jan S. Amundson, National Association Of Manufacturers, Washington, D.C., and Sherman Joyce, American Tort Reform Association, Washington, D.C., Amici Curiae.

Court composed of Chief Judge ROBERT J. KLEES, Judge WILLIAM H. BYRNES, III, Judge MICHAEL E. KIRBY.


KLEES, Chief Judge.

In this products liability suit, both the plaintiffs and defendant appeal a jury verdict in favor of Scott and Connie Simon, individually and on behalf of their minor children, finding the Ridgid 300 pipe threader unreasonably dangerous. The jury found that plaintiff, Scott Simon, was injured when defendant, Ridge Tool Company, failed to adequately warn of an inherent characteristic of their product, the Ridgid 300 power drive unit. For the following...

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