Summaries of Published Opinions, 0118 COBJ, Vol. 47, No. 1 Pg. 97
| Position | Vol. 47, 1 [Page 97] |
COLORADO SUPREME COURT
November 13, 2017
2017 CO 102. No. 15SC899. Walker v. Ford Motor Co.
Torts—Products Liability—Design Defect.
In this case, the Supreme Court considered whether a trial court erred when it gave a jury instruction that allowed the jury to apply either the consumer expectation test or the risk-benefit test to determine whether a driver’s car seat was unreasonably dangerous due to a design defect. The Court concluded that the risk-benefit test is the appropriate test to assess whether a product was unreasonably dangerous due to a design defect when, as here, the dangerousness of the design is “defined primarily by technical, scientific information.” Ortho Pharm. Corp. v. Heath, 722 P.2d 410, 414 (Colo. 1986), overruled on other grounds by Armentrout v. FMC Corp., 842 P.2d 175, 183 (Colo. 1992). The Court further concluded that the jury’s separate finding of negligence did not render the instructional error harmless in this case.
2017 CO 103. No. 16SC448. Align Corporation Limited v. Boustred. Stream of Commerce—Personal Jurisdiction—Specific Personal Jurisdiction.
In this case, the Supreme Court considered the stream of commerce doctrine to determine the prerequisites for a state to exercise specific personal jurisdiction over a non-resident defendant. The Court concluded that World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980), sets out the controlling stream of commerce doctrine, establishing that a forum state may assert jurisdiction where a plaintiff shows that a defendant placed goods into the stream of commerce with the expectation that the goods will be purchased in the forum state. Applying that doctrine, the Court concluded that plaintiff here made a sufficient showing to withstand a motion to dismiss. Accordingly, the Court affirmed the Court of Appeals’ judgment.
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