Bingham v. Marshall & Huschart MacHinery Co.

ANDREASEN, Justice.

A products liability suit was filed against an insolvent manufacturer and a seller of an allegedly defective machine. Prior to trial, the district court granted the seller’s motion to dismiss the strict liability and implied warranty claims brought against it. The plaintiff’s negligence claim proceeded to a jury trial. The jury returned a verdict against the plaintiffs and in favor of the seller. Appeal was taken from the pretrial dismissal and from the judgment entered upon the verdict. Issues are also raised regarding evidentiary rulings made during the negligence trial…