MIDGLEY v. S.S. KRESGE CO.

Docket No. 13828.

55 Cal.App.3d 67 (1976)

127 Cal. Rptr. 217

THOMAS MIDGLEY, a Minor, etc., Plaintiff and Appellant, v. S.S. KRESGE COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

February 4, 1976.


Attorney(s) appearing for the Case

COUNSEL

Fields, Klein & Smith and Wallace J. Smith for Plaintiff and Appellant.

Fitzwilliam, Memering, Stumbos & DeMers and Alfred Gawthrop, Jr., for Defendant and Respondent.


OPINION

PUGLIA, P.J.

This appeal presents the perplexing question whether liability for failure to warn of dangerous properties of a product is measured by the doctrine of strict liability in its generally understood sense or, alternatively, by traditional negligence concepts imposing a duty of care requiring warning of danger only when there is actual or constructive knowledge of the danger.

The complaint for damages in this...

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