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Trial court erred in instructing jury in negligence case

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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.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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