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COLLINS v. NAVISTAR, INC.

No. C060468.

214 Cal.App.4th 1486 (2013)

155 Cal. Rptr. 3d 137

BARBARA COLLINS, Plaintiff and Appellant, v. NAVISTAR, INC., Defendant and Respondent.

Court of Appeals of California, Third District.

March 29, 2013.

Attorney(s) appearing for the Case

Law Offices of Carcione, Cattermole, Dolinski, Okimoto, Stucky, Ukshini, Markowitz & Carcione, Law Offices of Carcione, Cattermole, Dolinski, Stucky, Markowitz & Carcione, Joseph W. Carcione, Jr. , Gary W. Dolinski , Joshua S. Markowitz ; Drivon Turner & Waters, Davey L. Turner ; Smith & McGinty, Daniel U. Smith and Valerie T. McGinty for Plaintiff and Appellant.

Jay-Allen Eisen Law Corporation, Jay-Allen Eisen , Aaron S. McKinney ; Harrington, Foxx, Dubrow & Canter, David H. Canter ; Kroloff, Belcher, Smart, Perry & Christopherson, Thomas O. Perry ; Nolen & Owens and Rudey Nolen for Defendant and Respondent.

OPINION

HOCH, J. —

In this strict products liability case, we consider whether the criminal nature of a juvenile's act of throwing rocks and concrete from a freeway overpass relieves a truck manufacturer of the duty to design windshields capable of withstanding common road hazards, such as objects hitting windshields. For the reasons that follow, we conclude the criminal nature of the rock throwing does not cut off liability or negate...

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