Vera Randall v. Warnaco, Inc., Hirsch-Weis Division

I do not agree with the majority’s conclusion that the trial court erred in refusing to submit appellant’s negligence claim to the jury in this case. Appellant’s negligence count was based primarily on Warnaco’s failure to warn the consumer or recall the tent when it allegedly knew there was an extreme flammability problem. Appellant argues, and the majority holds, that generally it would not be inconsistent for the jury to have found the defendant was negligent in failing to warn about the danger but that the product was nondefective for the purposes of strict liability, and that, therefore,…