Morningstar v. Black & Decker Manufacturing Co. -
In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253 S.E.2d 666 (W. Va. 1979).
Dean V. Morningstar (“Mr. Morningstar”) was injured while using a Black and Decker saw. Mr. Morningstar and his wife filed tort claims, Mr. Morningstar for personal injury and Mrs. Morningstar for loss of consortium, against Black and Decker claiming that the safety guard on the saw failed to close. Id. at 668.
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