Luque v. McLean
California Supreme Court
501 P.2d 1163 (1972)
- Written by Emily Laird, JD
Facts
Celestino Luque (plaintiff) was using a rotary lawnmower when he stopped the machine, leaving it running, to move an item out of the mower’s path. Luque fell backward. When Luque fell, his hand slipped into the unguarded opening of the mower, where the blade severely lacerated and mangled his hand. Luque sued the manufacturer, hardware store, and lawnmower distributor (collectively, the mower companies) (defendants). Luque sought recovery for strict liability due to his injuries from the rotary mower’s mangling of his hand. The mower companies argued that Luque could not recover because he assumed the risk of operating a mower with an obvious opening to its blade, which constituted a patent design defect Luque should have recognized and avoided. The trial court’s jury instruction gave Luque the burden of proving that either he did not assume the risk of injury or that the mower’s defect was latent. The jury returned a verdict in favor of the mower companies. Luque appealed the verdict.
Rule of Law
Issue
Holding and Reasoning (Sullivan, J.)
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