Otis Spunkmeyer, Inc. v. Blakely

OPINION

JIM MOSELEY, Justice.

After the second jury trial in this case, the trial court rendered judgment holding appellant, Otis Spunkmeyer, Inc. (“Spunk-meyer”), liable for personal injuries sustained by appellee, Nancy Blakely (“Blakely”), when she bit into a cookie produced by Spunkmeyer that contained a foreign object. Spunkmeyer appeals, arguing: (1) the trial court abused its discretion in granting Blakely’s motion for new trial after the first trial on the merits; (2) there was no jury finding that Spunkmeyer proximately caused Blakely’s injuries; (3) the evidence is legally and…