Wegscheider v. Plastics, Inc.

PETERSON, Justice.

Plaintiff Frederick Wegscheider was injured March 10, 1970, in a fall from a tanker trailer owned by defendant, Plastics, Inc. Plaintiff sued defendant on the grounds of negligence and strict liability. 1 The case was submitted to the jury on the theory of negligence, with instructions on comparative fault and assumption of risk. The trial court refused to give a requested instruction on strict liability and did not submit that issue to the jury.

In answer to special verdict interrogatories, the jury found that defendant was 90 percent negligent and plaintiff 10 percent…