The appellants, Van Dorn Demag Corporation and Imperial Eastman, appealed a trial judgment finding them liable for failing to warn the respondent, Siemens Automotive Limited, of the risks associated with reusing repaired hoses.
The Court of Appeal dismissed the appeal, finding that Siemens' inadequate maintenance program did not negate the appellants' duty to warn, as Siemens lacked knowledge of the specific dangers.
The court also upheld the trial judge's apportionment of 15 percent liability to Siemens and rejected Imperial Eastman's argument that it was protected by the learned intermediary doctrine or its catalogue warning.
