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POWERS v. TASER INTERN., INC.

No. 1 CA-CV 06-545.

174 P.3d 777 (2007)

Samuel E. POWERS, a married man, Plaintiff-Appellant, v. TASER INTERNATIONAL, INC., a Delaware corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

As Corrected January 4, 2008.

Attorney(s) appearing for the Case

Dillingham & Reynolds LLP By John L. Dillingham and Thomas C. Wilmer, PC By Thomas C. Wilmer, Phoenix, Attorneys for Plaintiff-Appellant.

Paul G. Ulrich PC By Paul G. Ulrich, Pamela B. Petersen, and Renaud Cook Drury & Mesaros PA By Charles A. Struble, Christina J. Reid-Moore, William W. Drury, Jr., Phoenix, Attorneys for Defendant-Appellee.

OPINION

BARKER, Judge.

¶ 1 This Opinion addresses whether the hindsight test should be applied to a strict liability products claim alleging failure to warn as the defect. That test was adopted in Dart v. Wiebe Manufacturing, Inc. for strict liability products claims based on design defects. 147 Ariz. 242, 709 P.2d 876 (1985). The court expressly left open that issue as to...

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