This section contains the nature of the case and procedural background.

P was injured while installing a 1.5-ton electrical control panel on a platform over an open space approximately 10 feet above the concrete floor of the refinery. While attempting to fix a hole alignment problem, a cross member gave way and P fell and incurred severe injuries to his spine. The cross member gave way because it was tack welded instead of but welded. P sued in products liability under strict liability and negligence. D attempted to prove that the method of installation was highly dangerous and that P assumed the risk. The district court held that comparative negligence was applicable to strict products liability, and so instructed the jury. The jury found D liable under both theories, and that P was 5% at fault and awarded P $2,000,000 which was reduced to $1,747,000. D's motion for a new trial was not granted. D appealed.

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