California Court of Appeal

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Collins v. Navistar, C060468

Judgment for defendant truck manufacturer on plaintiffs' claim that the windshield of the truck he was driving was defective because its penetration resistance was inadequate, is reversed and remanded, where: 1) the criminal nature of a juvenile's act of throwing rocks and concrete from a freeway overpass does not cut off liability or negate the duty of the manufacturer to design the truck's windshield to account for reasonably foreseeable risks; 2) the definition of the risk to be avoided in premises liability does not apply to strict products liability cases, and so, the principles of negligence in CACI 433 and 411 should not have been used to instruct the jury on liability in this strict products liability case; 3) the trial court erred in instructing that a heightened foreseeability was required and the error was prejudicial because the special verdict form precluded the jury from considering whether the risk of chunks of concrete hitting the truck's windshield was a reasonably foreseeable road hazard; 4) plaintiffs' evidence regarding alternative glass-plastic windshield design was erroneously excluded; but 5) plaintiffs' assertions of error in the trial court's admission and exclusion of expert testimony proffered by the parties fail.

Appellate Information

  • Decided 03/29/2013
  • Published 03/29/2013

Judges

  • HOCH

Court

  • California Court of Appeal

Counsel

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