How should the court resolve the dispute


Question: The Black Talon bullet, designed and manufactured by Olin Corp., is a hollow-point bullet designed to bend upon impact into six, ninety-degree-angle, razor-sharp petals or "talons" that increase the wounding power of the bullet by stretching, cutting, and tearing tissue and bone. On December 7, 1993, Colin Ferguson opened fire on the passengers of a commuter train departing from New York City. Ferguson, using the Black Talons in a 9mm semiautomatic handgun, killed six people, including Dennis McCarthy, and injured nineteen, including Kevin McCarthy. Their injuries were enhanced because the bullets performed as designed. Kevin McCarthy and the estate of Dennis McCarthy sued Olin Corp. under design-defect theories based in negligence and strict liability. How should the court resolve this dispute?

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