Attorneys obtained summary judgment in a strict liability case.
Attorneys obtained summary judgment in a strict liability case. In that case, plaintiff alleged that he fell on slippery yellow caution lines painted in a parking garage. Plaintiff alleged that the paint was defective, however, testimony elicited through discovery showed that the paint was applied improperly despite clear instructions on its label to apply non-skid additive for slip resistance using the paint for foot traffic. Defendant argued that the heeding presumption precluded any claim against the paint manufacturer because no accident would have occurred if these warnings were read and heeded.