context: First, Berry's undisputed awareness of the allegedly dangerous condition is fatal to the proximate-cause element of his failure-to-warn claim. The facts show that Berry had the knowledge he claims E-Z Trench should have provided, and it actually led him to use the bungee cord.
citation_a.signal: see also
citation_a.identifier: 37 F.3d 1076, 1076
citation_a.parenthetical: "plaintiff must show that adequate warning would have altered conduct"
citation_a.sentence: See Austin, 361 F.3d at 868-870 (finding proximate cause had not been shown where decedent raised aluminum mast under power lines despite warning labels and safety training advising against doing so) (citing Wolf v. Stanley Works, 757 So.2d 316, 323 (Miss.Ct.App.2000) (proximate cause not shown where “there was no evidence that desired warning would have had any causative impact,” citing Wyeth Labs., Inc. v. Fortenberry, 530 So.2d 688, 691 (Miss.1988))); see also Little, 37 F.3d at 1076 (“plaintiff must show that adequate warning would have altered conduct”).
citation_b.signal: see
citation_b.identifier: 361 F.3d 868, 868-870
citation_b.parenthetical: finding proximate cause had not been shown where decedent raised aluminum mast under power lines despite warning labels and safety training advising against doing so
citation_b.sentence: See Austin, 361 F.3d at 868-870 (finding proximate cause had not been shown where decedent raised aluminum mast under power lines despite warning labels and safety training advising against doing so) (citing Wolf v. Stanley Works, 757 So.2d 316, 323 (Miss.Ct.App.2000) (proximate cause not shown where “there was no evidence that desired warning would have had any causative impact,” citing Wyeth Labs., Inc. v. Fortenberry, 530 So.2d 688, 691 (Miss.1988))); see also Little, 37 F.3d at 1076 (“plaintiff must show that adequate warning would have altered conduct”).