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EVANS v. NACCO MATERIALS HANDLING GROUP

Record No. 161788.

810 S.E.2d 462 (2018)

Ronda Maddox EVANS, Administrator of the Estate of Jerry Wayne Evans, Deceased v. NACCO MATERIALS HANDLING GROUP, INC.

Supreme Court of Virginia.

March 22, 2018.

Attorney(s) appearing for the Case

James J. O'Keeffe , IV ( P. Brent Brown ; Edward Fisher ; Johnson, Rosen & O'Keeffee; Brown & Jennings; Provost Umphrey Law Firm, on briefs), for appellant.

Frank K. Friedman ( Mark D. Loftis , Roanoke; Francis J. Grey, Jr. ; Woods Rogers; Ricci Tyrell Johnson & Grey, on brief), for appellee.

Amicus Curiae: Virginia Trial Lawyers Association ( E. Kyle McNew , Charlottesville; Less S. Bowers ; MichieHamlett; Gentry Locke, on briefs), in support of appellant.

Amici Curiae: National Association of Manufacturers, Chamber of Commerce of the United States of America, and Virginia Chamber of Commerce ( Robert W. Loftin ; McGuire Woods, Richmond, on brief), in support of appellee.

Amicus Curiae: Virginia Association of Defense Attorneys ( James W. Walker ; J. Brandon Sieg ; Vandeventer Black, on brief), Richmond, in support of appellee.

PRESENT: All the Justices

The widow of Jerry Wayne Evans filed this action against NACCO Materials Handling Group ("NACCO"), the manufacturer of a lift truck, on theories of negligent design and breach of an express or implied warranty. The jury returned a verdict for the plaintiff on a theory of negligent design. Following post...

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