{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Burke vs. Vineyard

Burke vs. Vineyard - VIRGINIA BURKE Plaintiff and Appellant...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
VIRGINIA BURKE, Plaintiff and Appellant, v. ALMADEN VINEYARDS, INC., et al., Defendants and Respondents. Civ. No. 42458. Court of Appeal, First District, Division 4, California. Nov. 28, 1978. Facts A plastic cork spontaneously ejected from a champagne bottle and struck and shattered a lens of Plaintiff’s eyeglasses. Plaintiff dismissed charges of negligence and proceeded to trial solely on the theory of a manufacturer's strict liability in tort for a dangerous or defective design of a product, which causes injury. Issues Did Plastic cork malfunction or did it dislodge as a result of tampering? Rules (1) Products Liability § 35--Strict Liability in Tort--Duty to Warn.Products Liability § 57--Strict Liability in Tort-- Defenses--Misuse. (2) Products Liability § 39--Strict Liability in Tort-- Elements; Pleading-- Burden of Proof.Trial § 144(2)-- Instructions to Jury--Requisites and Sufficiency-- Rights of Party (3a , 3b) Products Liability § 45--Strict Liability in Tort-- Evidence-- Admissibility--Subsequent Warning.New Trial § 41--Misconduct of Jury--Juror's Concealment of State of Mind. (4) Evidence § 23--Relevancy--Balance Between Probative Value and Possibility of Prejudice or Confusion-- Discretion Rationale (1) Where a manufacturer or supplier of a product is or should have been aware that a product is unreasonably dangerous absent a warning and such warning is feasible, strict liability in tort will attach if appropriate and conspicuous warning is not given. ( Canifax v. Hercules Powder Co. (1965) 237 Cal.App.2d 44, 53 [46 Cal.Rptr.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}