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Nichols V Union Underwear Co Inc 602 Sw2d 429casetext Form

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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS.NO. and DEFENDANTS INSTRUCTION NO. You are instructed that one who sells a product in a defective condition unreasonably dangerous to the user or consumer of the product or to his property is liable for physical harm the product may cause to the user or consumer, or to his property, if the seller was engaged in the business of selling such a product, and the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.Accordingly, if you find from a preponderance of the evidence in this case that;1. was in the business of selling Shapers equipped with Safeguard II spindle guards and did in fact sell the Shaper equipped with Safeguard II spindle guards referred to in the trial of this case, and2. The Shaper equipped with Safeguard II spindle guard was at the time of the sale in a defective condition unreasonably dangerous to the user or consumer of the product or to his property; and3. The Shaper equipped with Safeguard II spindle guard was expected to and did reach the user or consumer without substantial change in the condition in which it was sold, and4. was injured while the Shaper equipped with Safeguard II spindle guard was being used in a manner and for a purpose for which the product was intended and which was reasonably foreseeable by ; and 5. The defective condition of the product was the sole cause or proximate contributing cause of the resulting injury or damage.

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