Dugan v. Sears, Roebuck & Co.

Carol Favia's lawnmower, made by Roper (defendant) and sold by Sears (defendant), came with an owner's manual warning that no one other than the operator, and especially no children, should be nearby during use. While Favia mowed her lawn, a minor child, Steve Dugan (plaintiff), sat nearby; the mower ejected a piece of plastic from its discharge chute and blinded Dugan in one eye. Dugan sued Sears and Roper on strict products liability; the defendants argued Favia's disregard of the clear warning was a superseding cause that alone proximately caused the injury, while Dugan argued that disregard was reasonably foreseeable to the manufacturer. The jury found for Roper and Sears, and Dugan appealed.