Smith v. Fiber Controls Corp.

HUSKINS, Justice.

Since the result we reach is dictated by the jury’s answer to the contributory negligence issue, we assume arguendo, without deciding, that there was sufficient evidence of defendant’s negligence to carry the case to the jury and support an affirmative answer to the first issue. Moreover, by reason of the verdict on the contributory negligence issue, we find it unnecessary to determine whether the evidence shows that plaintiff was guilty of contributory negligence as a matter of law.

This is a product liability action tried upon a theory of negligence. Plaintiff seeks to…