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BRAGG v. HI-RANGER9/18/1995
nd law, upheld the district court's grant of judgment notwithstanding the verdict in favor of an equipment seller based upon the sophisticated user defense. In defining the sophisticated user defense, the court explained, "it is not the specific knowledge of the intermediary that is relevant. Rather, the question is whether the supplier, Celanese, acted reasonably in assuming that the intermediary would recognize the danger and take precautions to protect its employees." The court concluded the supplier was reasonable in relying on the employer to warn its employees since the employer was an experienced operator in the salvage business who knew or should have known that the red-orange paint applied to the plant equipment was an indication of lead paint.
There was significant evidence at trial that Ballenger was a large electrical contractor which frequently used and was familiar with aerial devices. In fact, the evidence established that Ballenger owned a number of bucket trucks. The evidence further established that Ballenger's management was well aware that conductive materials like conductive hoses should not be used in the buckets of aerial devices. Thus, the trial court correctly charged the jury concerning this defense asserted by Hi-Ranger and the trial court's charge was an accurate recitation of the law. The trial court's jury charge, considered as a whole, was proper.
For the foregoing reasons, the judgment in favor of Hi-Ranger is affirmed.
Affirmed.
SHAW and CONNOR, JJ., concur.
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