Godoy Ex Rel. Gramling v. EI Du Pont De Nemours & Co.

*122ANN WALSH BRADLEY, J.

¶ 56. {concurring). I write a concurrence separate from the lead opinion to address an issue neither raised nor advanced by the parties in this case. Instead, it is a policy determination advanced by Justice Prosser's concurrence below. See Justice Prosser's concurrence (joined by Justices Ziegler and Gableman).

¶ 57. The concurrence below mistakes judicial restraint for intransigence. Challenging the lead opinion to "muster[] the intellectual firepower to defend" our reliance on the consumer contemplation test, the concurrence wants to square off and impose an agenda it…