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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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