Rupe v. Durbin Durco, Inc.

OPINION

DAVID T. WALKER, Special Judge.

These product liability actions were premised upon strict liability in tort under Restatement 402(a). They were consolidated for trial before a jury which resolved the issues in favor of the plaintiffs.

The defendant’s appeal presents two legal questions of first impression in the State of Tennessee. First, whether a post-trial motion for judgment notwithstanding a verdict, pursuant to Rule 50.02 of the Rules of Tennessee Civil Procedure, should be considered to be a complete substitute for a motion for new trial. Second, whether the Tennessee Workmen’s…