stating in a defective-design case that the plaintiff must establish that the defect "existed when the product left the defendant's control”
How later courts described this case
- stating in a defective-design case that the plaintiff must establish that the defect "existed when the product left the defendant's control”
- OSHA violations “were reasonably foreseeable” and therefore not a superseding cause relieving a manufacturer of its duty to produce a safe product
- allowing merger of negligence with design-defect and failure-to-warn products liability cases because these products liability theories incorporate a negligence standard
- “It has been suggested by commentators that ... strict liability and negligence are distinct theories in manufacturing flaw cases ....”
Written by the judges who cited it.
The opinion
TODD, Justice
(concurring specially).
I join in the special concurrence of Justice Simonett.