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MALCOLM v. EVENFLO CO., INC.

No. DA 08-0085.

217 P.3d 514 (2009)

2009 MT 285

352 Mont. 325

Chad MALCOLM and Jessica Malcolm, Personal Representatives of the Estate of Tyler Malcolm, Plaintiffs and Appellees, v. EVENFLO COMPANY, INC., f/k/a Evenflo Juvenile Furniture Company and Evenflo Juvenile Furniture Co., Inc., Defendant and Appellant.

Supreme Court of Montana.

Submitted May 5, 2009.

Decided September 14, 2009.

Attorney(s) appearing for the Case

For Appellant: James H. Goetz (argued), Goetz, Gallik & Baldwin, Bozeman, MT, Allan H. Baris, Moore, O'Connell & Refling, Bozeman, MT, Earl W. "Billy" Gunn and Charles L. Clay, Jr., Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, GA, Patrick J. Murphy, Williams, Porter, Day & Nevill, Casper, WY.

For Appellees: L. Randall Bishop (argued), Jarussi & Bishop, Billings, MT, Evan A. Douthit, Douthit, Frets, Rouse, Gentile & Rhodes, Kansas City, MO.

For Amicus Montana Trial Lawyers: Lawrence A. Anderson, Attorney at Law, Great Falls, MT.

For Amicus Montana Defense Trial Lawyers: Robert C. Lukes and Randall J. Colbert, Garlington, Lohn & Robinson, Missoula, MT.

For Amicus The Alliance of Automobile Manufacturers, Inc.: Randy J. Cox, Boone Karlberg, Missoula, MT.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Chad and Jessica Malcolm (collectively Malcolms) sued Evenflo Company, Inc. (Evenflo) after their four-month-old son Tyler suffered fatal brain injuries in a rollover car accident. The Malcolms alleged that the Evenflo "On My Way" (OMW) child safety seat contained a design defect that caused Tyler's death. The Malcolms asserted strict liability in tort. Evenflo appeals from a judgment in the Sixth Judicial...

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