Reference no: EM132313512

"Jolie Glenn placed her 3-year-old daughter, Brittany, in a car with the engine running while it was parked in her garage with the garage door closed. Glenn went back into the house, sat down, and fell asleep. When she awoke, she realized that Brittany was not with her. Jolie went into the garage and saw that the garage door was closed. Brittany was in the car and had died as a result of carbon monoxide poisoning. Overhead Door Corporation had manufactured the garage door and the garage door opener used by Jolie to open and close the garage door.

Malcolm Glenn, Jolie's ex-husband and Brittany's father, sued Overhead Door for strict liability, alleging design defect and failure to warn. Glenn argued that Overhead Door should have designed its garage door opener with a sensor that would determine when carbon monoxide had gotten too high in a garage and then alert the car owner. Glenn also alleged that Overhead Door had failed to warn a user of its garage door opener that if the car was left running and the garage door was closed, carbon monoxide could build up to dangerous levels in the garage.

1. Was Overhead Door liable for strict liability for either design defect or failure to warn?

2. Did Glenn act ethically in suing Overhead Door Corporation?