Opinion

Kohler v. Ford Motor Company

  • 187 Neb. 428
  • 191 N.W.2d 601
  • 1971 Neb. LEXIS 642
Court
Nebraska Supreme Court
Filed
Nov 12, 1971
Status
Published
Author
Smith
On the bench
White, Spencer, Boslaugh, Smith, McCown, Newton, Clinton, JJ'
Cited by
45 cases
Authority
More cited than 8.0%

“[T]he Nebraska Supreme Court has adopted in substance section 402A of the Restatement (Second) of Torts.”

How later courts described this case

  • “[T]he Nebraska Supreme Court has adopted in substance section 402A of the Restatement (Second) of Torts.”
  • “[T]he Nebraska Supreme Court has adopted in substance section 402A of the Restatement (Second
  • requiring a strict liability plaintiff to show he was "rightfully using that product”

Written by the judges who cited it.

The opinion

Smith, J'.,

dissenting.

The circumstantial evidence rule stated in the second syllabus of Norcross v. Gingery, 181 Neb. 783 , 150 N. W. 2d 919 (1967), is either misleading or incorrect. See Wolstenholm v. Kaliff, 176 Neb. 358, 366 , 126 N. W. 2d 178, 183 (1964), (White, C. J., concurring).

Taylor’s testimony to causation touched an ultimate iaet, but there I see no reason for an exclusionary ruling. The testimony, however, was conjectural. Furthermore, assuming arguendo the existence of a factual issue of causation, I think the testimony was superflu *446 ous. “ ‘. . . whenever the point is reached at which the tribunal is being told that which it is itself entirely equipped to determine without the witness’ aid . . ., his testimony is superfluous . . ..’ ” Sears v. Mid-City Motors, Inc., 179 Neb. 100 , 136 N. W. 2d 428 (1965).

I otherwise concur with the dissenting opinion by Boslaugh, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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