Reda Pump Co., a Div. of TRW, Inc. v. Finck

VANCE, Justice.

The question is whether the contributory negligence of a claimant constitutes an absolute bar to recovery of damages in a products liability action.

The appellee, James R. Finck, was injured when a pump manufactured by appellant exploded while Finck was attempting to repair it. He sought damages based upon negligence, breach of warranty, and strict liability. The case was submitted to a jury under a comparative negligence instruction, and the jury found that appellant and Finck were each negligent and prorated liability 34.25% to Finck and 65.75% to appellant.

Aetna Casualty and…