Warner Fruehauf Trailer Co. v. Boston

BELSON, Senior Judge:

This is an appeal from the trial court’s decision to set aside the original jury verdict in favor of defendant Warner Fruehauf Trailer Company, Inc. and from its subsequent decision to grant a directed verdict in favor of plaintiffs William and Elizabeth Boston at a second trial. On appeal, Warner Fruehauf argues that the trial court erred in ruling that the assumption of risk instruction it gave the jury during the first trial was unwarranted and required the court to strike the defense verdict, and that the trial court’s decision to grant plaintiffs a directed verdict…