Esparza v. Horn MacHinery Co.

Ismael Esparza (hereinafter plaintiff) was injured while operating a mechanical power press at work. Plaintiff and his wife sued defendant, the seller or broker of the machine, alleging negligence and breach of implied warranty. Plaintiff’s wife claimed loss of consortium. The jury found that defendant was not negligent and breached no implied warranty. On appeal, plaintiff and his wife claim that the jury was erroneously instructed. Defendant cross-appeals from the trial court’s denial of its motion for directed verdict. We affirm.

The basic facts are undisputed. Plaintiff was employed by…