Nissen Trampoline Co. v. Terre Haute First National Bank
Court of Appeals of Indiana
332 N.E.2d 820 (1975)
Relevant factsFree
Garzolini was injured when his leg caught in the suspension cables of Nissen's (defendant's) Aqua Diver, a trampoline-style diving apparatus, and the bank serving as guardian of his estate (plaintiff) sued for strict-liability failure to warn of that specific risk. The jury returned a verdict for Nissen, but the trial court granted the bank a new trial, and Nissen appealed.
IssueFree
Whether, in a strict-liability failure-to-warn products case, there is a rebuttable presumption that the plaintiff would have read and heeded an adequate warning had one been given.