Treadway v. Uniroyal Tire Co.

Today the court affirms the judgment on jury verdict in a manufacturer’s products liability action and pronounces that [1] the defendant sufficiently preserved claimed errors for appellate review; [2] the trial court correctly excluded certain midtrial evidence; [3] the trial court’s refusal to give a specially tailored instruction concerning the misuse defense was not error; and [4] the amount of damages awarded by the jury was not excessive.

I must recede from the court’s affirmance of the judgment. In trials of legal actions the district court must sua sponte charge the jury on all critical…