Alm v. Aluminum Co. of America

KILGARLIN, Justice.

James Aim presents three issues for decision by this court: (1) whether Aluminum Company of America (Alcoa), the designer of a closure system for soft drink bottles, had a duty to warn consumers of the hazard of bottle cap blow off; (2) whether the trial court properly disregarded the jury’s findings of gross negligence; and, (3) whether the court of appeals applied the correct legal standards in reviewing the factual sufficiency of the evidence supporting the jury’s finding of ordinary negligence.

The trial court rendered judgment for Aim based on the jury’s favorable…