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Harold L. Garrett v. Joseph Schlitz

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eBook details

  • Title: Harold L. Garrett v. Joseph Schlitz
  • Author : Missouri Court of Appeals Eastern District
  • Release Date : January 02, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Plaintiff-appellant Harold Garrett appeals from a judgment entered by the circuit court of the City of St. Louis. Plaintiff brought a suit in strict liability for injuries he sustained while repairing an electrical sign. Plaintiff sued defendant Everbrite Electric Sign, Inc., for the manufacture of a defective product; and St. Louis Stag Inc., and Joseph Schlitz Brewing Company for the distribution of that defective product. After hearing plaintiff's case, the trial court granted defendants' motion for a directed verdict. Plaintiff's motion for a new trial was denied. Plaintiff appeals the judgment entered on the directed verdict for defendants. We find that plaintiff failed to present any evidence tending to prove that the alleged defect in the sign was the proximate cause of his injury. We therefore affirm the judgment of the trial court. The plaintiff's evidence revealed that he was an employee of Keller Sign Co., which is in the business of servicing, reconditioning and hanging signs. On November 1, 1974 Keller sent plaintiff to Rivituso's Bar in the City of St. Louis to assist Mr. DeMoulin, another Keller employee, in servicing an outdoor electrical sign. Mr. DeMoulin had been at the bar the day before to check the sign for defective wiring. He discovered that the sign was inoperative and that the defect was between the exterior of the building and the sign. The two experienced repairmen worked on the sign while the power to the sign was live. The sign was not properly grounded. Plaintiff positioned himself on a ladder while attempting to open the sign so that he could examine the inside. After removing the screws holding the sign together he placed one hand on the mast from which the sign was suspended and the other hand on the sign itself. Plaintiff jiggled the sign in an attempt to open it. While jiggling the sign he received an electrical shock. When plaintiff finally freed himself, he fell ten feet to the sidewalk below and sustained the injuries complained of in his petition.


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