Evans v. Nacco Materials Handling Grp., Inc.

OPINION BY JUSTICE STEPHEN R. McCULLOUGH

The widow of Jerry Wayne Evans filed this action against NACCO Materials Handling Group ("NACCO"), the manufacturer of a lift truck, on theories of negligent design and breach of an express or implied warranty. The jury returned a verdict for the plaintiff on a theory of negligent design. Following post-trial motions, the trial court dismissed the case on the basis that the evidence established contributory negligence as a matter of law. The plaintiff appeals the dismissal, contending that the question of contributory negligence should have been decided…