Readenour v. Marion Power Shovel

OPINION

HATHAWAY, Judge.

This product liability case arose on July 10, 1981, when plaintiff/appellee Robert Readenour filed suit seeking to recover compensatory damages against appellant for personal injuries received by appellee while working on a power shovel manufactured by appellant. The action was brought on the theories of negligence and strict product liability, and appellant asserted the affirmative defenses of contributory negligence, assumption of a risk and the statutory defense of product misuse. A.R.S. § 12-683(3). The complaint was amended one month before trial to include a claim…