Donegal Mutual Insurance v. White Consolidated Industries, Inc.
Court of Appeals of Ohio
852 N.E.2d 215 (2006)
Relevant factsFree
David and Susan Nearon (plaintiffs) owned an electric stove made by White Consolidated Industries (defendant); when Susan used the stove's self-clean mode as intended, it caused a fire that destroyed the Nearons' home. The Nearons and their insurer, Donegal Mutual (plaintiff), sued for design defect, and the jury, instructed on the consumer-expectations test, awarded $104,000 in damages, but the trial court entered judgment notwithstanding the verdict for White.
IssueFree
Whether, under the consumer-expectations test, a product is defective in design if it is more dangerous than an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.