Beshada v. Johns-Manville Products Corp.

The Opinion of the Court was delivered by

PASHMAN, J.

The sole question here is whether defendants in a product liability case based on strict liability for failure to warn may raise a “state of the art” defense. Defendants assert that the danger of which they failed to warn was undiscovered at the time the product was marketed and that it was undiscoverable given the state of scientific knowledge at that time. The ease comes to us omappeal from the trial court’s denial of plaintiffs’ motion to strike the state-of-the-art defense. For the reasons stated below, we reverse the trial court…