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STERNHAGEN v. DOW CO.

No. 96-161.

935 P.2d 1139 (1997)

Marlene L. STERNHAGEN, as the Personal Representative of the Estate of Charles J. Sternhagen, Plaintiff and Respondent, v. DOW COMPANY, Chevron Chemical Company, Monsanto Company, Stauffer Chemical Company and John Doe Companies 1 through 4, Defendants and Appellants.

Supreme Court of Montana.

Decided April 10, 1997.

Attorney(s) appearing for the Case

Robert M. Carlson, Corette, Pohlman, Black, Carlson, Mickelson & Johnston, Butte; Laurence F. Janssen, Lane, Powell, Spears, Lubersky, Los Angeles, CA, for Dow Chemical Company.

Christopher Mangen, Jr., Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for Chevron Chemical Company and Stauffer Chemical Company.

William A. Rossbach, Elizabeth A. Brennan, Rossbach & Whiston, Missoula, for Plaintiff and Respondent.

Lawrence A. Anderson, Great Falls, for Amicus Curiae Montana Trial Lawyers Association.

NELSON, Justice.

The United States District Court for the District of Montana, Great Falls Division, has certified to this Court the following question:

In a strict products liability case for injuries caused by an inherently unsafe product, is the manufacturer conclusively presumed to know the dangers inherent in his product, or is state-of-the-art evidence admissible to establish whether the manufacturer knew or through the exercise of reasonable human...

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