Pardue v. Seven-Up Bottling Co. of Indiana

NEAL, Judge.

STATEMENT OF THE CASE

Plaintiffs-appellants Betty Pardue and Stanley Joe Pardue appeal a judgment of the Monroe Superior Court entered on a jury finding adverse to the Pardues in their actions for damages for personal injuries against defendant-appellee Seven-Up Bottling Company of Indiana, Inc. The Par-dues sought recovery under two theories, strict products liability and negligence.

ISSUE

The Pardues raise one issue for review: whether the trial court erred in instructing the jury on the issue of contributory negligence. They contend there was “not a scintilla of evidence or any…