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Anderson v. Nissei ASB Machine Co.12/23/1999
ect Agric. Improvement and Power Dist., 182 Ariz. 46, 53, 893 P.2d 46, 53 (App. 1994), but review de novo the trial judge's reversal of that ruling and grant of the jmol on this issue. See Shoen, 191 Ariz. at 65, 952 P.2d at 303 (jnov); see also supra n.4. In Arizona, the relevance standard is very broad; relevant evidence need only tend to make the existence of any material fact more or less probable. See Ariz. R. Evid. 401. Relevant evidence should be admitted, unless there is some concrete reason for excluding it. See id. Rules 402, 403. The issue of drool, and more particularly its removal, was directly relevant to Anderson's claim. Anderson alleged and proved that the machine was modified to allow removal of drool without having to shut the machine down. Had Nissei provided a safe method for removing drool, Star's modification would not have been necessary, the opening into which Anderson put his arm would not have existed, and Anderson would not have been injured. The trial judge ruled correctly in the first instance in admitting this evidence. The error lay in reversing that ruling.
A. Irregularities in the Proceedings
Nissei claims that it was deprived of a fair trial because of alleged irregularities in the proceedings. In addition to the evidence regarding drool mentioned above, Nissei asserts as error the trial court's failure to instruct the jury that drool could not be considered. For the reasons set forth above, we disagree that the drool evidence was improperly admitted; Nissei's requested instruction therefore was properly denied.
Nissei also argues that evidence of site visits by Nissei's representatives was prejudicial. Anderson asked at trial whether Nissei's representative visited Star Container and could have seen the modification of the machine. Nissei objected and the objection was sustained. Thus the discussion was limited, and Nissei has presented no evidence that the issue affected the verdict. See Southern Arizona Freight Lines v. Jackson, 48 Ariz. 509, 512, 63 P.2d 193, 195 (1936) (trial court should not grant new trial unless it believes that an error has occurred in the original trial that probably affected the verdict). We therefore decline to order a new trial on this ground.
B. Jury Instructions
We next consider the court's refusal to give several of the jury instructions Nissei requested. "In determining whether a jury instruction should be given, this court views the evidence in the light most favorable to the requesting party." Cotterhill v. Bafile, 177 Ariz. 76, 79, 865 P.2d 120, 123 (App. 1993) (citation omitted). If evidence tends to establish a theory supported by an instruction, the instruction should be given. See id.
Nonetheless, on review we find that the trial court was not required to give Nissei's proposed jury instructions. The court need not instruct on "every refinement of the law suggested by counsel," id., and the decision to further instruct the jury is usually left to the trial court's discretion. See Ott v. Samaritan Health Serv., 127 Ariz. 485, 491-92, 622 P.2d 44, 50-51 (App. 1980). We conclude that Nissei's requested instructions, individually and taken as a whole, duplicated the RAJI instructions that the court read to the jury. For example, Nissei requested an instruction that "the fact that an alternate safety feature may be available does not in and of itself render a product, which has adopted a different type of safety device, defective and unreasonably dangerous." Another instructed that " manufacturer is not under a duty to make or design a foolproof product, nor is a manufacturer an insurer of the safety of the user." Nissei maintains that these instructions should ha
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