McMillen v. 84 Lumber, Inc.

OPINION OF THE COURT

PAPADAKOS, Justice.

The issue presented by this appeal concerns the scope of the exception to the rule that issues not timely raised before the trial court are waived. Because we think that the exception is, and must be, considerably more narrow than construed by the Superior Court, we reverse that court’s grant of a new trial in the instant case.

Appellees, the McMillens, commenced a products liability action in 1987 against Appellant, Enterprise Companies, Inc., and other defendants, for injuries suffered by Mr. McMillen when he inhaled fumes from a wood stain manufactured…