· 5/2/1984
Forrest A. Flaminio and Gloria Flaminio v. Honda Motor Company, Ltd., a Japanese Corporation
Citations
- 733 F.2d 463
- 15 Fed. R. Serv. 968
- 1984 U.S. App. LEXIS 22923
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the difference between negligent and strict liability duty-to-warn claims, “if any,” was “so small” that the district court’s failure to give separate instructions on them was harmless
- observing that Rule 407's policy of promoting repairs \is not fundamentally affected by whether the basis of liability is the defendant's negligence or his product's defectiveness\
- “the test for an ‘unreasonably dangerous’ condition is equivalent to a negligence standard of reasonableness ... ”
- “the strict liability duty to warn, as usually formulated ... is hard to distinguish in practice from the duty to warn imposed by a negligence standard”
- Judge Posner notes \ 'test for an \unreasonably dangerous” condition is equivalent to a negligence standard of reasonableness . . . .’ ”
- a design tradeoff involving competing safety concerns does not raise an issue of feasibility
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Wood, Posner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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