Olin Corp. v. Dyson

I respectfully dissent from the majority’s holding that there was insufficient evidence to support the jury’s finding of gross negligence.

Before proceeding with my analysis of the law on this point, I find it necessary to more fully develop the facts. The majority’s opinion implies that the jury’s finding that appellee Dyson failed to keep a proper lookout indicates that he failed to even see the cherrypicker in time to avoid it. However, I do not believe this to be the case. Dyson testified that he saw the cherrypicker soon after he rounded the curve but did not realize that it was a…