Smith v. American Motors Sales Corp.

In this products liability case, the principal question which we face is whether the injured plaintiff, James M. Smith (Smith), seeking recovery upon the theory of strict liability in tort, must establish that the risks inherent in driving a Jeep with his bare left foot extended outside of the passenger compartment did not constitute an open and obvious danger. We conclude that he failed to establish a material issue of fact as to whether there existed an unreasonably dangerous design defect of which defendant American Motors Sales Corporation (American Motors) needed to warn. Accordingly, we…