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Blanton v. Internatl. Minerals & Chem. Corp.12/19/1997
dmissible anssubject to cross-examination. Blanton could have cross-examined Zachery about record keeping concerning the stop rods or Zachery's knowledge of possible unreported injuries. Thus, Zachery's testimony was admissible, but cross-examination could have attacked the weight of this evidence. The trial court did not err by allowing Redford Carver to present testimony that there were no prior injuries attributable to Redford Carver's stop rods and that the stop rods had not failed in the past.
In his fifth assignment, Blanton asserts that the jury's answer to a special interrogatory was against the manifest weight of the evidence. The jury found that Blanton and his wife suffered no injuries. In light of the verdict for Redford Carver, the jury probably meant that the Blantons suffered no injuries caused by Redford Carver--it was undisputed that Blanton's hand and forearm were severely damaged by the machine. However, this assignment is moot because the jury found that Redford Carver was not liable for damages at all.
The trial court properly directed a verdict for the foundry because the foundry did not know with substantial certainty that an injury would occur. We further reject Blanton's evidentiary challenges with respect to the product-liability claims against Redford Carver. We therefore leave the judgment entered upon the jury verdict in favor of Redford Carver undisturbed.
Judgment affirmed.
GORMAN and SUNDERMANN, JJ., concur.
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