Karst v. Shur-Co.

[¶ 43.] To the extent that the issue regarding the admission of Dr. Laughery’s *620affidavit is properly preserved for review,11 I concur with the majority that the circuit court properly admitted the affidavit. As to the remaining issues presented by the Karsts, I respectfully dissent.

Jury Instruction 20

[¶44.] While it is true that each sentence of Instruction 20 is a correct statement of law, it should not have been given for several reasons. First, in order to give this type of instruction, the moving party must make an initial showing that the facts of the case comport with the requirements…