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TURNER v. MACHINE ICE CO.

No. 1 CA-CIV 5445.

138 Ariz. 329 (1983)

674 P.2d 883

Glen Barton TURNER, Plaintiff-Appellant, v. MACHINE ICE COMPANY, a Texas corporation; Leer Manufacturing Company, Inc., a Wisconsin corporation, Defendants-Appellees.

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

Review Denied December 20, 1983.

Attorney(s) appearing for the Case

Langerman, Begam, Lewis & Marks by Noel A. Fidel and Stanley J. Marks, Phoenix, for plaintiff-appellant.

Jones, Skelton & Hochuli by William R. Jones, Jr., Phoenix, for defendant-appellee Machine Ice Co.

Jennings, Strouss & Salmon by Michael A. Beale and John A. Micheaels, Phoenix, for defendant-appellee Leer Mfg. Co., Inc.

OPINION

CORCORAN, Judge.

This is a products liability case. The sole issue on appeal is whether the trial court erred when it ruled as a matter of law in granting a directed verdict at the end of the plaintiff's case that a product is not unreasonably dangerous when the design defect alleged is open and obvious. The pertinent facts follow:

On May 26, 1976, appellant Glen Turner injured his hand while operating an ice machine at the Circle K ice plant...

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