prod.liab.rep.(cch)p 10,856 Peter R. Briney v. Sears, Roebuck & Company

I concur in Judge Contie’s well reasoned disposition of the design defect claim based on a strict liability theory set out in Part IIB of the opinion. I concur also in the disposition of the claimed error in the jury verdict as set out in Part III.

I would, however, affirm the district court in its directed verdict on the negligent design claim. The actions of Briney constituted not only a clear assumption of risk but, in my view, that kind of negligence and disregard of intended use of the saw in question that would preclude any reasonable trier of fact from reaching a decision for plaintiff.…