TABOR v. METAL WARE CORP.

No. 20060504.

168 P.3d 814 (2007)

2007 UT 71

Timothy A. TABOR, Debra J. Tabor, and Farmers Insurance Group, Plaintiffs and Appellants, v. The METAL WARE CORPORATION, a Wisconsin corporation; et al., Defendants and Appellee.

Supreme Court of Utah.

August 31, 2007.


Attorney(s) appearing for the Case

Theodore E. Kanell, Joseph C. Alamilla, John Warren May, Salt Lake City, for appellants.

Brian C. Webber, Salt Lake City, for appellee.


DURHAM, Chief Justice:

INTRODUCTION

¶ 1 This case comes to us on certification from the United States Court of Appeals for the Tenth Circuit, which asks first, "Does Utah law recognize an exception to the general rule of successor nonliability under the circumstances of this case?" and second, "Does Utah law impose on successor corporations a post-sale duty to independently warn customers of defects in products manufactured and sold by the predecessor...

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