Smith v. Ingersoll-Rand Co.
Alaska Supreme Court
14 P.3d 990 (2000)
Relevant factsFree
Mechanic Dan Smith (plaintiff) was struck by an unlatched, propped-open air compressor door manufactured by Ingersoll-Rand (defendant) while not wearing his hard hat, resulting in traumatic epilepsy; on certification from the federal district court, the Alaska Supreme Court was asked whether the 1986 Tort Reform Act changed prior law limiting a plaintiff's comparative fault in products cases to product misuse or unreasonable assumption of risk.
IssueFree
Whether, in Alaska, a plaintiff's ordinary negligence may be considered by a jury with respect to the parties' comparative fault in a strict products liability action against a defendant company.