Schandelmeier v. Winchester Western

OPINION

RABINOWITZ, Chief Justice.

This is an appeal from an order of the superior court denying appellant Schandelmeier relief from a judgment of dismissal.

In August, 1968, while out on a hunting trip, Schandelmeier was injured when he attempted to fire his Winchester Model 70 Rifle and it exploded. The only eye-witness to the accident was Schandelmeier’s son, John C. Schandelmeier (hereafter “John C”).

On October 20, 1969, Schandelmeier filed a complaint against the Winchester Western Division of Olin Mathieson Corporation, the manufacturer of the gun. The case has never come to trial. The…