Evelyn Rosa v. Taser International, Inc.

We are called upon to decide whether, in August 2004, a manufacturer of electronic control devices, commonly referred to as “tasers,” was under a duty to warn that repeated exposure to its products could lead to fatal levels of metabolic acidosis.

I

Shortly after 11:00 p.m. on August 29, 2004, a resident of Del Rey Oaks, California, called the police to report that someone who “look[ed] pretty disturbed” was “walking up and down the street yelling ‘Mario’ and ... some other stuff.” Del Rey Oaks Police Officer Russell Van Zanten responded to this noise complaint and found Michael Rosa (“Michael”) still in the street. Believing that Michael was “either really high or crazy,” Van Zanten approached him with considerable caution. Without fully exiting his patrol vehicle, Van Zanten identified himself as a police officer. Michael circled the vehicle — striking the hood with his hand as he passed' — ■ and began staggering down the street. Van Zanten followed in his vehicle, calling for assistance from surrounding law enforcement agencies.

Officer Jack Jeffrey Powell was the first of at least six additional officers to arrive. Due to Powell’s angle of approach, Michael found…