FRANTZ V. BRUNSWICK CORP., 866 F.SUPP. 527 (S.D. ALA., FEB 18,1994)

Owner of outboard motor boat brought action against boat manufacturer, steering system manufacturer and seller following accident in which owner was injured when he took both hands off of the steering wheel and the boat veered to the right. On defendants' motions to strike and for summary judgment, the District Court, Hand, Senior District Judge, held that: (1) actions could be maintained under federal maritime law, but not under both federal maritime and Alabama tort law; (2) owner was not entitled to punitive damages; (3) fact question as to whether alternative design was available to boat manufacturer precluded summary judgment in design defect products liability action; (4) fact question as to whether risks involved in taking hands off steering wheel of boat were truly open and obvious precluded summary judgment regarding warning defect claims; (5) general maritime law would be applied to products liability action against seller; (6) owner was not required to show fault in pursuing strict products liability cause of action against seller; and (7) fact question as to whether seller was liable to owner in no fault strict products liability action precluded summary judgment based upon seller's defenses. So ordered.

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