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· 9/21/1994

Olson v. Prosoco, Inc.

Citations

  • 522 N.W.2d 284
  • 1994 Iowa Sup. LEXIS 186
  • 1994 WL 515743

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the state of the art defense is not applicable to claims based on negligent failure to warn
  • failure to warn may be submitted in negligence claim but not in both negligence and strict-liability claim
  • “[E]ven instructions correctly stating the law should not give undue emphasis to any particular theory, defense, stipulation, burden of proof, or piece of evidence.”
  • “After reviewing the authors and comments on the failure to warn question, we believe any posited distinction between strict liability and negligence principles [in warnings cases] is illusory.”
  • where claims depend upon proof of the same elements, they are duplicative, and only one may be submitted to the jury
  • “[T]he statute is applicable only in situations where ‘damages aris[e] from ... alleged defects in products.’” (Quoting Iowa Code § 668.12.)

Source: CourtListener parenthetical corpus (CC0).

Judges: Snell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.