Nelson v. Todd's Ltd.

McGIVERIN, Chief Justice.

Plaintiffs, Ingrid and Dale Nelson, filed this action against defendant, Todd’s Ltd., alleging breach of express warranty and premising their petition in the alternative on the theory of strict liability in tort. The trial court submitted both theories to the jury. The court of appeals reversed, stating that the strict liability count should not have been submitted to the jury, and remanded for a new trial. We granted further review. We now affirm the court of appeals decision, reverse the judgment of the district court, and remand this case for a new trial in…