Barnish v. KWI Building Co.

OPINION

Justice BAER.

We granted review in this case to consider the effect of a product’s prior successful use on a plaintiffs ability to withstand summary judgment in a strict product liability action based upon the malfunction theory. As will be discussed in more detail below, a plaintiff pursuing a case under the malfunction theory can assert a successful strict product liability claim based purely on circumstantial evidence in cases where the allegedly defective product has been destroyed or is otherwise unavailable. Although the plaintiff does not have to specify the defect in the…