DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
054031P.pdf 12/04/2006 David Krajewski v. Enderes Tool Company
U.S. Court of Appeals Case No: 05-4031
District of Nebraska - North Platte
[PUBLISHED][Colloton, Author, with Chief Judge Loken and John R.
Gibson, Circuit Judges]
Civil Case - products liability. District court did not err in dismissing
failure-to-warn claim under negligence and strict liability on summary
judgment because plaintiff assumed the risk of harm by not wearing
safety goggles when warned to do so. Evidence supported that plaintiff
knew and understood the specific danger at issue. Judge Gibson dissents.