BAILEY v. MONTGOMERY WARD & CO., INC.

No. 79CA0458.

635 P.2d 899 (1981)

Rogene BAILEY and Bill Bailey, Plaintiffs-Appellants, v. MONTGOMERY WARD & COMPANY, INC., Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 25, 1981.

Certiorari Denied October 26, 1981.


Attorney(s) appearing for the Case

Andersen & Gehlhausen, P.C., John Gehlhausen, Lamar, for plaintiffs-appellants.

Johnson, McLachlan & DiCola, Anthony J. DiCola, Lamar, John E. Walberg, Denver, for defendant-appellee.


STERNBERG, Judge.

In this products liability action tried on a negligence theory, plaintiffs, buyers, appeal a judgment entered following a verdict in favor of defendant, seller. The buyers assert that they were entitled to have the jury instructed that a finding of negligence may be predicated on the seller's failure to warn the buyers of unreasonable dangers it knew or should have known are associated with the use of a product. We agree and therefore reverse.

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