Lori Byrd Martin v. Chesebrough-Pond's, Inc., Defendant-Third-Party Foster Forbes Glass Company, Third-Party

In this diversity negligence case we are asked to determine whether there was sufficient evidence to sustain the jury verdict, whether the district court erred in its instructions to the jury, and whether it erred in refusing to give rebuttal argument to one of the defendants. We find no error on the part of the district court and we find there is a rational basis in the record for the jury’s verdict. Accordingly, we affirm.

Mrs. Lori Byrd Martin was severely injured in her right eye when a bottle of cologne exploded. Mrs. Martin initially sued Chesebrough, the bottler and seller of the spray…