Legal Opinion · Dissent

Rublee v. Carrier Corp.

Washington Supreme Court

Decided November 1, 2018No. 94732-5Published

1Dissent

YU, J. (dissenting)

¶ 45 I am concerned with our adoption of an archaic feature of product liability law in *1220order to compensate the plaintiff for claims already allowed under modem product liability standards. I agree with the majority that, in the right case, we should adopt the "apparent manufacturer" doctrine from the Restatement (Second) of Torts § 400 (Am. Law Inst. 1965). I also agree that the "objective reliance" test is the correct test under Washington law. I disagree, however, with the way the majority has applied that test here.

¶ 46 While compensation for injuries caused by products…

2Cases cited14 opinions

  1. Seattle-First National Bank v. TabertWashington Supreme Court · 1975
  2. Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
  3. Falk v. Keene Corp.Washington Supreme Court · 1989
  4. Yoder v. Honeywell, Inc.Court of Appeals for the Tenth Circuit · 1997
  5. Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915

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