Schelbauer v. Butler Manufacturing Co.

Opinion

BIRD, C. J.

This personal injury lawsuit presents two issues for resolution. First, is a postaccident warning alerting consumers to take safety precautions in using a product admissible in a strict liability action against a manufacturer? Second, may a trial court utilize a remittitur to reapportion liability among the parties if it concludes that the jury’s apportionment is not supported by the evidence and that the damage award is excessive only to the extent that it reflects an improper apportionment?

I

The facts are not in dispute. At the time of the accident, respondent, Duane…