Watts v. Sechler

KENNETH W. SHRUM, Judge.

Katrina Watts (“Plaintiff”) sued Raymond Sechler (“Defendant”) for damages, alleging that alfalfa hay she bought from Defendant poisoned her dairy cattle. Before trial, the court sustained Defendant’s motion to dismiss Plaintiffs res ipsa loqui-tur count. The case went to trial on three other counts. At the close of Plaintiffs evidence, she opted to proceed on her “implied warranty of fitness for consumption” theory of recovery. Thereon, the trial court sustained Defendant’s motion for directed verdict. This appeal followed. 1

We affirm in part; we reverse and remand in…