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eBook details

• Title: Smith V. Home Light And Power Co.
• Author : Colorado Supreme Court
• Release Date : January 30, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

In Smith v. Home Light & Power Co., 695 P.2d 788 (Colo. App. 1984), a divided panel of the Colorado Court of Appeals affirmed a partial summary judgment entered by the Weld County District Court in favor of defendant Home Light and Power Company (Home Light and Power) and against the plaintiffs, Laura, Wanda, and Jeanette Smith. The partial summary judgment related to the plaintiffs' claim that an overhead power line system designed and constructed by Home Light and Power was defective and unreasonably dangerous and that the utility was liable for the wrongful death by electrocution of plaintiffs' decedents under a theory of strict products liability as set forth in the Restatement (Second) of Torts § 402A (1965). The court of appeals, with one judge dissenting, affirmed the partial summary judgment. We granted the plaintiffs' petition for certiorari in order to determine whether the transmission of electricity through high voltage overhead power lines constitutes the sale of a product so as to subject the supplier of electricity to strict liability in tort under the Restatement (Second) of Torts § 402A (1965). We hold that it does not and we therefore affirm.

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