Bradyn Tramuta

Professor Flanagan

Case Brief #3

19 November 2020

Cummins Inc v. Nelson

Issue (20)
Whether a distributor of an engine caused the authority to act on their behalf with negligence for
liability of their actions.

Facts (39)
Authorized dealer installs new engine for purchaser's boat and neglects manufacturer. After still
having problems with the engine, both parties that are helping the purchaser fail to fix it. The
boat caught on fire and sunk due to negligence.

Holding (22)
Manufacturer is found vicariously liable for the negligent actions of the dealer in favor of the
purchaser by acting through the dealers.

Rationale (27)
The manufacturer on behalf of the dealer gave “apparent authority”. The dealer’s negligence
was the overall cause of the fire leaving the manufacturer liable for the actions.