Green v. Safeway Stores, Inc.

HODGES, Vice Chief Justice

(dissenting).

The case was submitted to the jury under the theories of negligence and breach of implied warranty, but the majority opinion applies the principles of manufacturers *204products liability, as enunciated in Kirkland v. General Motors Corp., 521 P.2d 1353 (Okl.1974). Since this case was tried before our promulgation of the Kirkland case which was made prospective only, and was not tried or presented to the jury on the theory of strict liability, the Kirkland case should not be applicable. But, in any event, under any of the theories, the result should be the…