"Mrs. Moffat alleges that U.S. Foundry designed, manufactured, and marketed the grate. She also alleges that U.S. Foundry was aware of the danger of its grates. She even attaches, as an exhibit to the third amended complaint, an advertisement from a company which sold a guard to eliminate the danger created by the slots in such drainage grates. U.S. Foundry allegedly knew that its grates would be installed in areas where bicycles and automobiles were operated in close proximity to each other, and that it was foreseeable that a bicyclist could be injured by an automobile while avoiding the risk of an accident on a grate.
"Mrs. Moffat sued U.S. Foundry for both negligence and strict liability. She also sued the automobile driver, the corporations which designed and constructed the bridge, and Pinellas County. The trial court dismissed only U.S. Foundry." That dismissal was reversed and remanded.
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