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1st Dist 2d Dist 3d Cir 5th Cir ability accident afTd appeal apply asbestos assumption of risk Breast Implant class action Code Ann common comparative fault comparative negligence conduct consumer contributory negligence crashworthiness danger defective product defendant defendant's Dep't doctrine drug duty to warn evidence federal Ford Motor harm implant implied warranty indemnity involving issue joint judgment jurisdictions jury Keeton on Torts Liab liability in tort manufacturer manufacturer's medical device ment misconduct misuse Motors Corp Ohio Page Keeton parties personal injury plaintiff Prod Products Liability Litigation Prosser & Keeton proximate cause punitive dam punitive damages award reasonable recovery responsibility Restatement Second Restatement Third retailer Rptr rule safety seller Serv Stat statute strict liability strict products liability Supp supplier Supreme Court tion tive tortfeasor trial court