United States Tenth Circuit

In an action brought by a plaintiff-civilian painter who injured his arm while working at an Air Force Base using an apparatus manufactured by defendant-Northrop, summary judgment for defendant is affirmed as: 1) for purposes of a strict products liability claim, a glass fixture was not "unreasonably dangerous" as defined in the applicable Utah statute; and 2) for purposes of a negligence claim, there is no duty to make a safe product safer, and the fixture was not defective under the consumer expectation test in Utah Code Ann. section 78-15-6.

Appellate Information

• Decided 09/21/2007
• Published 09/24/2007

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, BALDOCK and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Douglas B. Cannon of Fabian & Clendenin, Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Ryan M. Harris (J. Angus Edwards with him on the briefs) of Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT, for Defendants-Appellants.