Morningstar v. Black & Decker Manufacturing Co.

Miller, Justice:

This case presents the question of the extent to which a manufacturer of a defective product is liable in tort in this State to a person injured by such product.

The question comes to us from the United States District Court for the Southern District of West Virginia under the Uniform Certification of Questions of Law Act. The plaintiffs, the Morningstars, filed a personal injury action in the District court based on diversity of citizenship against the defendant, Black and Decker Manufacturing Company. The basis for their action is the allegation that Black and Decker…