Bryant-Poff, Inc. v. Hahn

I1 respectfully dissent to the denial of plaintiff's petition to transfer from the Court of Appeals' decision in Bryant-Poff, Inc. v. Hahn, 443 N.E.2d 1266, 454 N.E. 2d 1228 (Ind.App.1982). Plaintiff, Dennis Hahn, seeks review of the Court of Appeals' reversal of a judgment in favor of plaintiff. Hahn sued defendant Bryant-Poff on the joint theories of negligence and strict lability under § 402 A of the Restatement (Second) of Torts and was awarded damages of $663,000. On appeal, the court reversed the judgment and held as a matter of law that the danger was open and obvious, thus precluding…