Liebherr-America v. McCollum
35 Fla. L. Weekly D297a (Fla. 3rd DCA 2010) (February)
A woman was run over an killed by a crane, and her estate brought suit against multiple defendants. One of the defendants was the company that sold the crane to its owner and agreed to keep it in good repair. That company did not design or manufacture the crane, did not have an employee operating it, and did not control the land where the accident occurred. However, a jury found it partially liable for the woman’s death. The district court reversed this verdict and remanded the case back to the trial court, holding that the company had not breached any duties to the woman. The district court held that the woman’s estate had not proven that the crane was defective when sold, that the company had failed to perform necessary repairs on a part of the crane that may have caused the accident, or that the company had any duty to warn the woman about the crane.