Essay on Defense Case Study

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Pages: 4

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Sarah
Plantiff and Appellant
V.
ACME, KM, and STE

Facts:
The City of Albany decided to upgrade a fleet of repair trucks in order to respond to pothole fixing. ACME manufactured a cab and chassis of a truck that was then sold to Keefer Motors. Keefer Motors sold the truck unchanged to the City of Albany. No discussion by ACME or Keefer Motors had taken place with the City as to what the city would do with the truck. Susan’s Truck Equipment was contracted by the city to add a dump bed and hoist and the truck was modified and redelivered to the City of Albany; the truck was accepted and put into immediate use. Sarah and Emma are city employees and Sarah was injured when Emma backed up the pothole truck over her. Sarah was …show more content…
Breach of implied warranty of merchantability has not been proven as the cab/chassis was fit for reasonable use and the purpose of the cab/chassis was not discussed by ACME or Keefer – they were selling a generic truck as manufacturer and seller. Breach of duty and negligence has not been proven because the defendants were not informed of the intent of the vehicle where they could make suggestions for add-on safety features. Necessity of defect is not proven as there was no manufacturing defect, no design defect, no inadequacy on how to use the cab/chassis, and no inadequate warning has been proven on dangers of the use of a product – the lack of the rear alarm was never implied or stated as a requirement, therefore it cannot be relied on as part of the warranty.
We would like the jury to consider that legal principle provides that an employer is liable for an employee’s actions, no matter how negligently done. Emma and Sarah were employees acting in the course of employment and the actions performed were with the intent of benefiting the City of Albany, their employer. The City of Albany did not exercise reasonable care by not having the backup alarm and breached their duty to protect their employees by failing to provide a safety device that could

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