ILNews

Trial court erred in instructing jury in negligence case

Back to TopCommentsE-mailPrintBookmark and Share

A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.

Anthony Wade, an employee of Richmond Power, was rendered a quadriplegic in 1997 when he fell 12 feet out of a double-man bucket attached to a company truck when trying to exit the bucket. Two years later, he sued Terex-Telelect, the manufacturer of the bucket, claiming the company was negligent under the Indiana Products Liability Act in the design of the bucket. He argued that the company should not have been able to sell a bucket liner that contained no molded interior step.

Terex presented evidence that it complied with Richmond Power’s specifications for the product desired and that it was manufactured to meet the standards in place at the time of production. Wade made a motion for a directed verdict, arguing there was a lack of evidence to support the company’s claim that its product was in conformity with the generally recognized state of the art applicable to the safety of the product, and he objected to Terex’s tendered final jury instruction pertaining to the rebuttable presumption allowed under the act that a product is not defective if it was made state of the art and in compliance with government standards. Both motions were overruled and the trial court adopted the tendered instruction. The jury allocated zero fault to Terex and 100 percent fault to Wade.

In Anthony Wade v. Terex-Telelect, Inc., No. 29A05-1101-CT-72, Judges James Kirsch and Nancy Vaidik found Wade was prejudiced by the instruction of the jury as to the rebuttable presumption because it was unsupported by relevant evidence and went to the very heart of the case. Terex didn’t present sufficient evidence to support its contention that the liner at issue complied with applicable government regulations.

Judge Cale Bradford dissented on this point, disagreeing that the trial court abused its discretion in instructing the jury regarding the rebuttable presumption that a product is non-defective if it conforms to applicable government regulations.

The three judges agreed that Terex was not entitled to a “state of the art” instruction and that a retrial would be necessary based on this error.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT