Jagmin v. Simonds Abrasive Co.

Three issues are raised on this appeal:

1. Was there sufficient evidence to support the special verdict?

2. Is the plaintiff 50 percent negligent as a matter of law?

3. Are the damages awarded inadequate ?

Sufficiency of the evidence.

The trial court directed a verdict for the defendant because it concluded that the plaintiff had failed to meet his burden of proof. The elements which must be proven to establish liability under the theory of strict liability were set forth in Dippel v. Sciano 1 in which case Rule 402A of the Restatement of Torts was adopted in this state. The plaintiff must prove…