Nugent v. Utica Cutlery Co.

I respectfully dissent. I disagree with the majority’s treatment of appellant’s requested special issues. I would hold that the trial court’s failure to submit these requested issues denied appellant a fair submission of the controlling and ultimate issues in the case as applicable to his alternate recovery theory.

The submitted special issues inquiring whether the knife was manufactured in a defective manner and, if so, was the producing cause of the injury, were based upon Restatement (Second) of Torts § 402A (1965). Appellant, however, also plead and offered evidence to support a cause of…