Burke vs. Vineyard

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

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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. 552]; Barth v. B. F. Goodrich Tire Co. (1968) 265
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This note was uploaded on 08/28/2010 for the course BUSE 140 taught by Professor Jefferies during the Spring '08 term at San Diego.

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

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