Neville Construction Company, a Partnership Dennis J. Neville and Donald L. Neville v. Cook Paint and Varnish Company

BRIGHT, Circuit Judge.

Cook Paint and Varnish Company (Cook) appeals from a judgment entered upon a jury verdict awarding $80,000 in damages to Neville Construction Company (the Nevilles) 1 in this action based on negligence and breach of warranty. We affirm.

Cook contends that the trial court 2 erred in admitting evidence to establish express warranty and in submitting the express warranty issue to the jury. Cook also asserts that the court erred in instructing the jury that Cook’s failure to test its product could provide the basis for a finding of negligence, and in refusing to declare a new…