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PRIEST v. BROWN8/27/1990 duct can be made more safe.
Automobiles would be more safe with disc brakes and
steel-belted radial tires than with ordinary brakes and
ordinary tires, but this does not mean that an automobile
dealer would be held to have sold a
The court held that the plaintiff had assumed the burden of presenting evidence the crane was in a defective condition and unreasonably dangerous which proximately caused his injury and the fact the crane could have been more safe was insufficient to support a finding that the crane was unreasonably dangerous. Likewise, in the case at hand, the only evidence presented by the plaintiff was that the design of the distribution line could have been more safe. There is nothing in the record to show an unreasonably dangerous defective condition and, therefore, the grant of summary judgment on the theory of strict liability was proper.
For the foregoing reasons, the order below is
Affirmed.
CURETON, J., and LITTLEJOHN, Acting Judge, concur.
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