Unified School District No. 490 v. Celotex Corp.

Rees, J.:

Concurring. I concur in the affirmance of the judgments in favor of U.S.D. 490 and in the reversal of the judgments in favor of Sunflower. However, I have some concern as to possible future reliance upon what is said in the majority opinion.

The essence of the school district’s case against Celotex is a products liability claim. As has become all too typical in products liability cases, this case was tried, submitted to the jury and briefed on appeal as one brought on a homogenized theory of recovery; its ingredients are breach of express warranty, breach of implied warranty and…