Moreno v. Fey Manufacturing Corp.

Opinion

KING, J.

In this case we hold that when a plaintiff has made a prima facie showing that his injury was proximately caused by a product’s design, it is reversible error to instruct the jury that plaintiff has the burden of proving that the product was defective in design. We further hold that erroneously placing this burden of proof upon plaintiff, even where the evidence on the defective design issue appears to favor defendant, cannot be harmless error because of the fundamental importance of instructions to the jury as to who bears the burden of proving the most crucial issue in the…