Anthony Wade v. Terex-Telelect, Inc. - 1/3/13

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Thursday  January 3, 2013 
9:45 AM  EST

9:45 a.m. 29S05-1209-CT-557. Wade was injured in a fall from a utility truck’s aerial passenger bucket and filed this product liability claim against the bucket’s maker, Terex-Telelect; a jury returned a verdict for Terex-Telelect, and the Hamilton Superior Court entered judgment on the verdict. The Court of Appeals reversed and remanded for retrial after concluding that the evidence did not support the trial court’s instruction telling jurors they could presume a defendant is not liable if the defendant proves its product was “state of the art” or complied with applicable governmental regulations.

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