Kociemba v. G.D. Searle & Co.

MEMORANDUM AND ORDER

RENNER, District Judge.

Before the Court is defendant’s motion for directed verdict on the design defect issue. In essence, defendant requests this Court to reconsider its February 1, 1988 Order holding that the factfinder must determine the applicability of comment k to § 402A of the Restatement (Second) of Torts on a case-by-case basis. 1 Kociemba v. G.D. Searle & Co., 680 F.Supp. 1293, 1300-1301 (D.Minn.1988). Defendant, citing Brown v. Superior Court, 44 Cal.3d 1049, 245 Cal.Rptr. 412, 751 P.2d 470 (1988), would have this Court hold that comment k applies to all…