Bernier v. Boston Edison Co.
Massachusetts Supreme Judicial Court
403 N.E.2d 391 (1980)
Relevant factsFree
A driver, Ramsdell, lost control of her car after a collision, careened onto a sidewalk, and knocked down an electric utility pole owned by Edison (defendant). The falling pole struck and seriously injured a pedestrian, Bernier (plaintiff). Bernier sued Edison for negligent design of the pole, arguing it should have been built to withstand foreseeable vehicle impacts given its location near a busy shopping mall. A jury found for Bernier, and Edison appealed.
IssueFree
Whether a product manufacturer is negligent for designing a product in a way that creates an unreasonable risk of foreseeable harm given the product's normal environment of use.