![]() accident, the 1978 GMC two ton chassis-cab equipped with a water tank was 4-6 weeks old, having been purchased and delivery taken on or about June 28, 1978. That on the 4th day of August, 1978, on the Shepherd Road, near mile post number 1, in the County of Yellowstone, State of Montana, JOHN STANLEY FISHER was driving a 1978 GMC, two ton chassis-cab equipped with a water tank when it collided with the rear of the 1968 GMC pickup truck being operated by MICHAEL RIX and in which Michael Eaton was a passenger. The pertinent portion of the revised pretrial order contained the following stipulated facts: Is res ipsa loquitur applicable to products liability under a strict liability theory? ![]() Is Rule 407, M.R.Evid., applicable to products liability under a strict liability theory, thus making evidence of subsequent design changes not admissible?Ĥ. Did the trial court properly instruct the jury on strict liability?Ģ. Following a jury verdict for GMC, plaintiff appeals. Plaintiff sued GMC on a theory of strict liability in the Yellowstone County District Court. ![]() ![]() In 1978, Michael Rix was injured when the pickup he was driving was hit from behind by a 1978 General Motors Corporation (GMC) two ton chassis-cab, which had been equipped with a water tank after sale by the GMC dealer. ![]()
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