Antone v. Greater Ariz. Auto Auction
In Antone v. Greater Ariz. Auto Auction, 214 Ariz. 550, 11, 155 P.3d 1074, 1076 (App. 2007), the Court considered whether a commercial auctioneer was subject to strict liability as a seller. 214 Ariz. 550, 8, 13, 155 P.3d at 1075, 1077.
The Court concluded the auctioneer did not participate significantly in the stream of commerce because it merely provided a service to other parties in the stream of commerce. Id. 26, 33.
The Court considered the fact that the auctioneer's fees did not depend on the condition of the product or its selling price and mostly were used to pay operating costs. Id. 26.
The Court also noted that, although the auctioneer may have had temporary physical possession, it never owned or inspected the product, or provided a warranty as to the product's condition. Id. 27.
Finally, the auctioneer had "no special relationship" or continuing contact with a manufacturer which would permit it to affect the safety of the product. Id. 28.