Jimenez v. SEARS, ROEBUCK AND CO.

OPINION

HATHAWAY, Judge.

This appeal is taken from a jury verdict for appellees in a personal injury, product liability action. PlaintiffiAppellee Richard Jimenez was injured when a disk sander that he had purchased at a Sears store shattered.

Sears raises three issues on appeal: (1) the trial court erred in refusing to give a comparative fault instruction; (2) a new trial should have been ordered because of juror misconduct; and, (3) the trial court should have admitted evidence of the safety history of the sander. We conclude that a comparative fault instruction should have been given and…