Keetch v. Kroger Co.

The dissenting opinion of June 3, 1992 is withdrawn, and the following is substituted therefor.

The majority gives some friendly advice to those who create hazardous conditions: Look the other way. Ignorance of the law may be no defense, but hereafter ignorance of what your own employees did will be. In creating this new “ignorance defense,” the majority continues its assault on precedent and disapproves what the bench and bar had considered well-accepted Pattern Jury Charges. I dissent.

I

The ignorance defense is not only contrary to common sense; it is also a radical departure from settled…