Smith v. Sturm, Ruger & Co.

— Wayne C. Smith appeals a judgment on a jury verdict adverse to his products liability claim and the trial court's dismissal of his Consumer Protection Act (CPA) claim. He contends: (1) the special verdict form was improper; (2) his CPA claim should have gone to the jury; and (3) testimony by his expert regarding a survey taken by a consultant for Sturm, Ruger & Co., Inc. (Sturm) was admissible. We affirm.

On December 2, 1979, Smith sustained injuries from an accidental discharge of a Sturm, Ruger Super Blackhawk .44 magnum single-action revolver. The accident occurred shortly after Smith…