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Carollo v. Al Warren Oil Co.11/24/2004
fendants on plaintiff's strict liability count, defendants' arguments fail.
We hold, as a matter of law, that defendants had a duty to build a truck that was reasonably safe and had a duty not to sell a truck that had a defect. Thus, the trial court correctly denied defendants' motion for judgment notwithstanding the verdict that was premised upon the argument that defendants owed no duty to plaintiff. Although an earlier trial judge incorrectly granted summary judgment on count I (strict liability) of plaintiff's second amended complaint, the jury's verdict in favor of plaintiff on negligence and the judgment entered on that verdict has rendered the issue moot. Plaintiff has not appealed from that judgment and is not entitled to a new trial on that count alone. Finally, we affirm the trial court's judgment order entered December 30, 2002 which modified the prior judgment order and entered judgment in favor of plaintiff in the amount of $430,960.
Affirmed.
O'BRIEN and NEVILLE, JJ., concur.
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