Foglio

Plaintiff, a minor, brought the instant action for damages for the loss of an eye when he was allegedly struck by a projectile discharged from a rotary power lawnmower manufactured by defendant M.T.D. Corporation (M.T.D.) and sold by defendant Western Auto Supply Corporation (Western Auto). Plaintiff’s action was based solely on the theory of strict liability of a manufacturer or distributor for marketing a defectively designed product. A jury trial resulted in a defense verdict and plaintiff appeals from the ensuing judgment for defendants.

Since plaintiff’s contentions on appeal concern the propriety of certain instructions, the following brief summary of the pertinent facts will suffice.

The rotary power mower in question had been manufactured by M.T.D. between November 1959 and May 1960. A Mr. Robert Harris bought it from Western Auto sometime between 1959 and 1961. After using the mower for about six years, Mr. Harris gave it to his son and daughter-in-law (Mrs. Harris).

On April 28, 1970, Mrs. Harris was using the mower to cut her neighbor’s front lawn. Plaintiff (then four years old) and his mother were on the sidewalk in front of the neighbor’s house. As Mrs.…