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Pontifex v. Sears, Roebuck & Co.

United States Court of Appeals for the Fourth Circuit

226 F.2d 909 (1955)

Relevant factsFree

E.J. Pontifex (plaintiff) was injured when the pull-start rope of a Sears (defendant) lawnmower, which lacked a spring-recoil mechanism not yet in use at the time of manufacture, struck her in the eye; that mechanism was later incorporated into newer lawnmower models made after her injury. Pontifex sued for negligent design, and the district court directed a verdict for Sears.

IssueFree

Whether a manufacturer can be held liable for the design of an older-model product on the ground that the product is not equipped with a safety device found only in newer models.

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