1. Apr. 16, 2004 LAST READINGS SKIP:999-10031055-59

2. Apr. 16, 2004 SUMMARY OF LAST CLASS TESTS FOR DESIGN DEFECTS: 1.CONSUMER EXPECTATION TEST 2. RISK-UTILITY TYPES OF PROOF NEEDED: HONDA CAL. RULE: BARKER DRUGS: UNKNOWABLE RISKS COMMENT K

3. Apr. 16, 2004 SUMMARY CONTINUED WARNINGS: INFORMATIONAL DEFECTS HOW HANDLE OBVIOUS DANGERS? LIRIANO: 2 FUNCTIONS OF WARNINGS 1. RISKS 2. ALTERNATIVES TEST FOR FAILURE TO WARN RELATION TO NEGLIGENCE

4. Apr. 16, 2004 MORE FAILURE TO WARN CAUSATION SHIFT IN BURDEN OF PROOF? DIFFERENCE FROM “HEEDING PRESUMPTION” WARNING PLACEMENT: CARRUTH DETAIL OF WARNING REQUIRED HYPO: THE SINUTAB MAKER

5. Apr. 16, 2004 SINUTAB WARNING This medication may damage the kidneys when used in large amounts or for a long period of time. Do not take more than the recommended dosage, nor take regularly for longer than 10 days without consulting your physician. KEEP THIS AND ALL MEDICATIONS OUT OF THE REACH OF CHILDREN. IN CASE OF ACCIDENTAL OVERDOSE, CONTACT A PHYSICIAN IMMEDIATELY. (Emphasis added.)

6. Apr. 16, 2004 MORE ON INADEQUATE WARNINGS INADEQUATE WARNINGS 1. FACTUAL CONTENT, EXPRESSION OR COMMUNICATION, OR IN FORM OR MODE OF COMMUNICATION. 2. MUST CONTAIN FACTS NECESSARY TO PERMIT REASONABLE PERSON TO UNDERSTAND THE DANGER AND IN SOME CASES AVOID IT

7. Apr. 16, 2004 STILL MORE INADEQUATE WARNINGS 3. MUST HAVE SUFFICIENT CLARITY AND SUFFICIENT FORCE AND INTENSITY TO CONVEY NATURE AND EXTENT OF RISKS TO A REASONABLE PERSON. LEVEL OF RISK REQUIRED HYPO: THE POLIO VACCINE

8. Apr. 16, 2004 WHO MUST WARN THE LEARNED INTERMEDIARY RULE RESTATEMENT (THIRD): DIRECT DUTY TO WARN WHERE 1. GOVERNMENT SAYS YOU MUST GIVE INFO TO PUBLIC 2. MASS VACCINATIONS

9. Apr. 16, 2004 THE END OF WARNINGS HYPO: THE GARBAGE TRUCK DANGER—DO NOT INSERT ANY OBJECT WHILE COMPACTION CHAMBER IS WORKING—KEEP HANDS AND FEET AWAY RELATIONSHIP BETWEEN (1) FAILURE TO WARN and (2) DESIGN DEFECTS

10. Apr. 16, 2004 THE END OF WARNINGS HYPO: THE GARBAGE TRUCK DANGER—DO NOT INSERT ANY OBJECT WHILE COMPACTION CHAMBER IS WORKING—KEEP HANDS AND FEET AWAY RELATIONSHIP BETWEEN (1) FAILURE TO WARN and (2) DESIGN DEFECTS

11. Apr. 16, 2004 DEFENSES TO STRICT PRODUCTS LIABILITY CONTRIBUTORY NEGLIGENCE: HOW TO TREAT IT? BOWLING (676)—MINORITY RULE COMPARATIVE FAULT—DALY COMPARATIVE FAULT AMONG DS: SAFEWAY HOW DO JURIES COMPARE?