The plaintiff proceeded on the twin theories of negligence and strict liability against both defendants. The plaintiff's wife, Kellie L. Scaccianoce, has brought parallel claims for loss of con- sortium. The district court, approving a magistrate judge's recom- mendation, allowed motions for summary judgment on behalf of both defendants against the plaintiff and his wife, and judgment was entered thereon. The plaintiff and his wife appeal from this judgment. The case against Edison.
Product liability applies to consumer products which have been placed in the stream of commerce.
The danger inherent in overhead power lines is open and obvious, and no warning is required, again citing Genaust. 223 Ill. App. As to the alleged negligent coating of the wires with purportedly deceptive weatherproofing, there was no evidence that the plaintiff's conduct was in- fluenced by the presence of the weatherproofing, since he testified that he thought that all overhead wires were insulated. Furthermore, the plaintiff's witness Feinberg was not qualified to testify on safe- ty matters. We would go further and declare that there is no credible evidence that applying a weatherproof coating to the wires was negligent, if we had authority to do so, but we do not.