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WI Courtroom of Supreme Courtroom
Case Title: Matthew W. Murphy v. Columbus McKinnon Company
Case No.: 2020AP001124
Officers: Endurance Drake Roggensack, J.
Focus: Product Legal responsibility
The court docket of appeals reversed partly and affirmed partly the circuit court docket’s grant of abstract judgment for defendant Columbus McKinnon Corp. (“CMC”). The Supreme Courtroom interprets the frequent legislation that utilized to a design defect for the primary time, Wis. Stat. § 895.047 (2019-20) created in 2011.
In decoding Wisconsin’s product legal responsibility statute when the declare is for a faulty design, the court docket concludes as follows: (1) Wis. Stat. § 895.047(1)(a) requires proof of a extra protected, cheap various design the omission of which No. 2020AP1124 32 renders the product not moderately protected; (2) proof that the consumer-contemplation commonplace as set out in § 895.047(1)(b) (for strict legal responsibility claims for a faulty design) has been met; and (3) proof that the remaining three elements of a § 895.047(1) declare have been met. The statute’s plain language is evident in exhibiting that the legislature codified the frequent legislation consumer-contemplation commonplace in § 895.047(1)(b). The Supreme Courtroom disagrees with the court docket of appeals’ conclusion that the legislature discarded the consumer-contemplation take a look at by incorporating the risk-utility balancing take a look at. The Supreme Courtroom additionally declines to undertake remark f, upon which the court docket of appeals relied. The Supreme Courtroom affirms the court docket of appeals in reversing abstract judgment and remand to the circuit court docket for additional proceedings.
Affirmed
Determined 12/28/22
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