Foglio v. Western Auto Supply

Opinion

TAMURA, Acting P. J.

Plaintiff, a minor, brought the instant action for damages for the loss of an eye when he was allegedly struck by a projectile discharged from a rotary power lawnmower manufactured by defendant M.T.D. Corporation (M.T.D.) and sold by defendant Western Auto Supply Corporation (Western Auto). Plaintiff’s action was based solely on the theory of strict liability of a manufacturer or distributor for marketing a defectively designed product. A jury trial resulted in a defense verdict and plaintiff appeals from the ensuing judgment for defendants.

Since plaintiff’s…