Sipes v. OSMOSE WOOD PRESERVING CO. OF AM., INC.

SHEPARD, Chief Justice.

Appellant James R. Sipes contends that the Court of Appeals did not properly apply the appropriate standard of review for a Trial Rule 50 motion when it affirmed the trial court's grant of judgment on the evidence on Sipes’s claim for punitive damages. We agree.

Sipes filed a tort action against Osmose Wood Preserving Company of America, Inc., after he became extremely ill subsequent to sawing wood treated with a chemical compound of chromium, copper and arsenic (CCA) manufactured by Osmose. Sipes based his suit on negligence, strict liability, and intentional failure to…