Torts Keyed to Epstein
Linegar v. Armour of America
Facts
Linegar was on a routine traffic stop, when David Tate shot and killed him. Plaintiff was wearing a bulletproof vest designed and manufactured by Defendant and purchased by the highway patrol. None of the shots that hit the vest penetrated the vest or caused Linegar injury. Plaintiff’s death resulted from gunshots that struck parts of his body not protected by the vest. Defendant’s vest did not meet at the side of Linegar’s body, leaving an area along the side of his body exposed. The bullet that proved fatal to Linegar, entered his body from the opening described. Linegar’s widow and children (Plaintiffs) sued under products liability. The jury returned a verdict for Plaintiffs. Defendant appealed.
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