Anderson Ex Rel. Estate of McLees v. Green Bull, Inc.

I respectfully dissent. The majority concludes the trial *275judge erred in refusing to grant a directed verdict or judgment notwithstanding the verdict. I would hold the trial judge properly found the issues in this case were for the jury’s determination, and affirm.

In every action the plaintiff must establish the elements of his cause of action. This is an action in strict liability, and Anderson had the burden of establishing the ladder as manufactured was unreasonably dangerous, and the dangerous condition proximately caused the injury. Whether Anderson met this burden was a question of law,…