Barton v. Adams Rental, Inc.

This case involves a question of first impression: must a defendant present evidence of a designated nonparty manufacturer’s liability before the defendant is entitled to a jury instruction regarding the nonparty’s liability? 1 We conclude that a defendant must offer sufficient evidence of the nonparty’s liability before a trial court is obligated to instruct the jury as to nonparty liability. Hence, we answer the question in the affirmative.

This dispute between the parties arises out of an accident in which petitioner, Steven L. Barton (Barton), was seriously injured while operating an…