· 6/25/1990
prod.liab.rep.(cch)p 12,543 Ashley Elliott v. Brunswick Corporation, Appeal of Mercury Marine, a Division of Brunswick Corporation
Citations
- 903 F.2d 1505
- 1990 U.S. App. LEXIS 10080
- 1990 WL 75085
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- liability requires more than just showing that \the use of [a] product involves some risk\
- “We do not mean to suggest, by our holding today, that the propeller industry may never design a feasible propeller guard….”
- where plaintiff injured when she jumped into water next to pleasure boat, boat’s unguarded propeller not dangerous beyond expectation of ordinary consumer because “consumer clearly understands that a revolving propeller involves danger”
- evidence of “an experimental propeller guard, useful for some purposes” is not a basis for liability for “failure to adapt and refine that design into one feasible for use on planing propeller craft”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cox, Hill, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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