United States Tenth Circuit

In a design defect case, the plaintiff bears the burden of showing that a safer, feasible alternative design was available at the time the product was sold. In declining to instruct the jury that plaintiff bears this burden, the district court misled the jury.

Appellate Information

• Decided 12/23/2003
• Published 12/23/2003

Judges

• McCONNELL, Circuit Judge., Before SEYMOUR, HENRY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael L. O'Donnell (Darcy M. Goddard, Wheeler Trigg & Kennedy, P.C., Denver, CO and Lee Mickus, Snell & Wilmer, LLP, Denver, CO, with him on the brief), Wheeler Trigg & Kennedy, P.C., Denver, CO, for Defendant-Appellant., Michael P. Zaccheo (Christian S. Collins with him on the brief), Richards Brandt Miller & Nelson, Salt Lake City, UT, for Plaintiff-Appellee.