Greenman v. Yuba Power Products, Inc., Sup. Ct. Of Cal.,

59 Cal.2d 57, 377 P.2d 897 (1963).

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Nature of the Case

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Facts

Greenman (P) was injured by a combination power tool manufactured by Yuba (D). P got a Shopsmith for Christmas in 1955. D manufactured the unit. It was a combination power tool that could be used as a saw, drill, and wood lathe. When using the product as a wood lathe a piece of wood flew out of the machine and severely injured P. Ten and one-half months later, P gave D notice of a breach of the express warranties contained in D's brochures and sued both the retailer and the manufacturer for breach of those warranties and negligence. P introduced substantial evidence that the injuries he sustained were caused by the tool's defective design and construction. P's expert witnesses testified to show design defects that caused the accident and showed that there were reasonable design alternatives. D showed that P did not give prompt notification of the breach of warranty required by state law. The court ruled that there was no evidence that the retailer was negligent or had breached any express warranty and that the manufacturer was not liable for the breach of any implied warranty. It submitted only the cause of action alleging breach of implied warranties against the retailer and the causes of action alleging negligence and breach of express warranties against the manufacturer. The retailer prevailed, but P got a verdict against D $65,000. P and D appealed. P seeks a reversal of the part of the judgment in favor of the retailer only if the judgment against D was overturned.