Foley v. Clark Equipment Co.

WIEAND, Judge:

In this appeal we are called upon to examine the role of negligence concepts in tort cases where strict liability has been asserted because of a product which, allegedly, was defectively designed. Specifically at issue are jury instructions in which the trial court emphasized the importance of purging negligence concepts from the determination of design defectiveness in an action brought under the theory of strict products liability. The trial court charged the jury that the inattention of the plaintiff and the inattention of the operator of a forklift truck could not be…