Reott v. Asia Trend, Inc.

OPINION

Justice BAER.

We granted allowance of appeal in this case to determine, as a matter of first impression for this Court, whether a defendant in a products liability action must plead and prove as an affirmative defense that an injured party’s alleged “highly reckless conduct” was the sole or superseding cause of the plaintiffs injuries. For the reasons that follow, we agree with the Superior Court that, in order to avoid liability, a defendant raising a claim of highly reckless conduct must indeed plead and prove such claim as an affirmative defense. Moreover, this evidence must further…