Waggoner v. Town & Country Mobile Homes, Inc.

OPALA, Vice Chief Justice,

with whom KAUGER, Justice, joins, concurring in part and dissenting in part.

The court reverses the judgment on jury verdict for the plaintiffs in a tort action for damages from a mobile home’s structural design defect which had caused excessive moisture condensation above the ceiling. *655The trial court had instructed the jury on the theory of strict (or manufacturers’ products) liability alone. According to the court’s opinion, which remands the plaintiffs’ case for a new trial, the claim should have been “pursued as a warranty action.” In essence, the court holds that…