Raymond Colson v. Allied Products Corporation

In this products liability action, Raymond Colson seeks to recover damages for injuries sustained when he was struck by a rock thrown by a “bush hog” rotary mowing machine manufactured by defendant Allied Products Corporation. The district court granted defendant’s motion for summary judgment, holding there was no evidence the mower was defective and even if it was, plaintiff could not recover because he was fully aware of the propensity of the mower to throw rocks yet assumed the risk by placing himself in a position to be hit. The issue on appeal is whether the court correctly applied…