Smoak Ex Rel. Estate of Hudson v. Liebherr-America, Inc.

Ness, Justice:

This is a products liability case. Essentially appellant, Liebherr-America, Inc., argues the jury’s $98,000 verdict in favor of respondent, Gerald C. Smoak, et al., is unsupported by the evidence contained in the record, when considered in light of the theories of recovery submitted to the jury. We disagree and affirm.

In September 1977, respondent purchased a LiebherrAmerica, Inc. logging machine, equipped with an optional fire suppression system manufactured by Lease-Afex, a co-defendant who is no longer a party to this action. In November 1977, after appellant’s representative…