Diffenderfer v. Staner

FORD ELLIOTT, J.:

AppellantsfTessors of a dairy farm, bring this appeal from a judgment entered in favor of David Diffenderfer, the farm’s lessee. Because we find that the trial court erred as a matter of law when it allowed the strict liability and nuisance claims against appellants to go to the jury, we vacate the judgment and enter judgment n.o.v. as to those two counts. We also remand for a new trial as to Richard Staner on the negligence count. 1 Appellants claim trial court error in the denial of their post-verdict motions; therefore, we first set forth our proper standard and scope of…