Public-domain · open source
OpenJurist
← 695 SO2D 607 - Halsey v. A.B. Chance Co.

Halsey v. A.B. Chance Co.’s Empirical Analysis

1997

Citation profile

6
cited by 6 later decisions
1
states following
September 2007
most recently cited

5 state decisions

Relationships

Relies on Vaughan v. First National Bank of Shamrock · McDonald v. New Mexico · 335 So. 2d 128 - Casrell v. Altec Industries, Inc. · MacKintosh Co. v. Wells · 546 So. 2d 371 - Central Alabama Elec. Co-Op. v. Tapley

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “An essential element of an AEMLD claim is proof that the product reached the consumer without substantial change in the condition in which it was sold. Clarke Indus., Inc. v. Home Indemn. Co., 591 So.2d 458, 462 (Ala.1991); see also Caterpillar Tractor Co. v. Ford, 406 So.2d 854 (Ala.1981). However, the mere fact that a product has been altered or modified does not necessarily relieve the manufacturer or seller of liability. Johnson v. Niagara Machine & Tool Works, 555 So.2d 88, 91 (Ala.1989). A manufacturer or seller remains liable if the alteration or modification did not in fact cause the injury, Johnson, 555 So.2d at 91 [internal quotations and citations omitted], or if the alteration or modification was reasonably foreseeable to the manufacturer or seller. Clarke Indus., 591 So.2d at 462 ; Beloit Corp. v. Harrell, 339 So.2d 992 (Ala.1976).”
    1 later decision quote this exact passage
  2. “(1) he suffered injury or damages to himself or his property by one who sells a product in a defective condition unreasonably dangerous to the plaintiff as the ultimate user or consumer, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it- is sold.”
    1 later decision quote this exact passage
  3. “[w]hen asserting misuse as a defense under [the] AEMLD, the defendant must establish that the plaintiff used the product in some manner different from that intended by the manufacturer. Stated differently, the plaintiff's misuse of the product must not have been `reasonably foreseeable by the seller or manufacturer.'”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.