Opinion

Little v. PPG Industries, Inc.

  • 19 Wash. App. 812
  • 579 P.2d 940
  • 1978 Wash. App. LEXIS 2170
Court
Court of Appeals of Washington
Filed
Apr 18, 1978
Status
Published
Author
Soule
On the bench
Pearson, Soule, Petrie
Cited by
45 cases
Authority
More cited than 6.9%

Modified on other grounds by Little v. PPG Industries, Inc., 92 Wash. 2d 118 (1979)

holding that in some cases where the plaintiff alleges failure to warn under both negligence and strict liability theories, to avoid confusion the jury should be instructed only on the strict liability claim

How later courts described this case

  • holding that in some cases where the plaintiff alleges failure to warn under both negligence and strict liability theories, to avoid confusion the jury should be instructed only on the strict liability claim
  • noting that the objective of the rule of strict liability with respect to dangerous products focuses on adequacy of the warning given by supplier, or necessity of the warning, while negligence under § 388 focuses on supplier’s conduct
  • failure of employer who has actual knowledge of hazard to warn employees may constitute a superseding cause

Written by the judges who cited it.

The opinion

Soule, J.

(concurring in part; dissenting in part)—I concur in the result. I agree that the State of Washington recognizes that a manufacturer's liability may be established on a theory of strict liability by virtue of inadequate warnings. Haysom v. Coleman Lantern Co., 89 Wn.2d 474 , 573 P.2d 785 (1978); Haugen v. Minnesota Mining & Mfg. Co., 15 Wn. App. 379 , 550 P.2d 71 (1976). It was therefore error to so phrase the interrogatories that the jury could not base a verdict upon this theory. I also agree that the doctrine of superseding cause should be considered in the event of a retrial.

I dissent from that portion of the decision which holds that upon retrial the theory of negligence should have no place in the proceedings.

Petition for rehearing denied June 8, 1978.

Review granted by Supreme Court November 3, 1978.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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