Aluminum Co. of America v. Alm

I am astounded that the court has concluded as a matter of law that Seven-Up was not an appropriate intermediary through which Alcoa could have discharged its duty to warn ultimate consumers. I am absolutely flabbergasted that the court has effectively held that under these facts Alcoa was grossly negligent as a matter of law. To the best of my knowledge, this is the first time in the history of American *141jurisprudence that a court has held that a jury could not disbelieve a plaintiff’s case as to gross negligence when the issue is disputed, and that a court should determine this issue as a…