stating that “most of the evidentiary matters relevant to applying the risk/benefit test in strict liability cases are similar to the issues typically presented in a negligent design case,” which is "not surprising, because to say that a product was negligently designed is to say it was defective, for purposes of establishing liability under a theory of negligence.”
How later courts described this case
- stating that “most of the evidentiary matters relevant to applying the risk/benefit test in strict liability cases are similar to the issues typically presented in a negligent design case,” which is "not surprising, because to say that a product was negligently designed is to say it was defective, for purposes of establishing liability under a theory of negligence.”
- explaining the elements of the “negligent performance 13 of a contract” cause of action under California contract law
- rejecting theory that unmediated online sales of hazardous items represent negligent entrustment
- discussing the elements of various 21 products liability claims under California law
Written by the judges who cited it.
Distinguished
Distinguished by Ileto v. Glock Inc., 370 F.3d 860 (2004)
To the extent that Merrill is distinguishable, as the majority contends, the California Supreme Court has not provided authoritative guidance.
The opinion
KENNARD, J., Concurring.
I join in the majority opinion.
One cannot read the facts of this case without feeling the utmost sympathy for the families of the eight persons killed and for the six others wounded by Gian Luigi Ferri, who in his rampage used two TEC-9 assault weapons manufactured by defendant Navegar, Inc. And one feels dismay at the insensitivity of defendant’s marketing director, who had told the New York Times that he welcomed damning criticism by law enforcement of the TEC-9, a- popular weapon with criminals. He explained: “I’m kind of flattered. It just has that advertising tingle to it. Hey, it’s talked about, it’s read about, the media write about it. That generates more sales for me.”
Whatever personal emotions and personal views members of this court may have in this tragic case, those feelings must be put aside in resolving the narrow legal question decided here. The issue requires an interpretation of subdivision (a) of Civil Code section 1714.4, which provides that in an action for products liability “no firearm . . . shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.” I agree with the majority that plaintiffs’ cause of action for “common law negligence” falls within that provision. As the majority explains, in enacting that provision, the Legislature intended to bar the kind of action that plaintiffs here brought against Navegar.
Enacting statutes is within the province of the Legislature. The task of the judiciary is to interpret those statutes by ascertaining and effectuating the Legislature’s intent. It is not for us to question the wisdom of the Legislature’s considered judgments. (People v. Loeun (1997) 17 Cal.4th 1, 9 [ 69 Cal.Rptr.2d 776 , 947 P.2d 1313 ]; Stevenson v. Superior Court (1997) 16 Cal.4th 880, 909 [ 66 Cal.Rptr.2d 888 , 941 P.2d 1157 ].) Any change in Civil Code section 1714.4 must come from the Legislature.