BAVUSO v. CATERPILLAR INDUSTRIAL, INC.


408 Mass. 694 (1990)

563 N.E.2d 198

RALPH BAVUSO vs. CATERPILLAR INDUSTRIAL, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

November 28, 1990.


Attorney(s) appearing for the Case

Timothy Wilton for the defendant.

Kenneth A. Pollenz for the plaintiff.

Present: NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


GREANEY, J.

In response to special questions, a jury in the Superior Court concluded that the defendant, Caterpillar Industrial, Inc., had committed a breach of its implied warranty of merchantability in the manufacture of a forklift truck leased by the plaintiff's employer. The verdict was premised on a finding that the defendant had failed to furnish adequate warnings of hazards in connection with the plaintiff's operation of the forklift. A judgment awarding damages...

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