MORENO v. FEY MANUFACTURING CORP.

Docket No. 53206.

149 Cal.App.3d 23 (1983)

196 Cal. Rptr. 487

JESSE E. MORENO, Plaintiff and Appellant v. FEY MANUFACTURING CORPORATION, et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

November 21, 1983.


Attorney(s) appearing for the Case

COUNSEL

Edward J. Nevin for Plaintiff and Appellant.

Mark L. Strombotne and Hoge, Fenton, Jones & Appel for Defendants and Respondents.


OPINION

KING, J.

In this case we hold that when a plaintiff has made a prima facie showing that his injury was proximately caused by a product's design, it is reversible error to instruct the jury that plaintiff has the burden of proving that the product was defective in design. We further hold that erroneously placing this burden of proof upon plaintiff, even where the evidence on the defective design issue appears to favor defendant...

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