Collin

Plaintiff Ralph L. Collin (Collin) appeals from a judgment entered April 28, 1980, in favor of Connecticut Valley Arms, Inc. (CVA) after jury trial verdict for CVA. We reverse on the basis that no verdict was reached, inasmuch as only seven jurors agreed in the special verdict that while CVA was negligent, its negligence was not a proximate cause of injury to plaintiff. (See Cal. Const., art. I, § 16; Code Civ. Proc., § 618.)

Facts

For recreational purposes, appellant Collin was shooting a shotgun in the Mojave Desert on May 30, 1976, when the weapon exploded. In the accident Collin suffered severe injuries to his right hand. Collin had obtained the shotgun from a debtor, who gave it to Collin in satisfaction of a debt. Collin himself purchased the powder and shells he was using that day. Suit for personal injury damages was brought against CVA (the manufacturer of the shotgun) and against the distributor of the weapon, the store which sold the weapon to Collin’s debtor, the manufacturer of the powder and the store which sold the powder to Collin. The complaint proceeded on four theories: negligence, strict liability, breach of express warranty and breach of implied…