 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Schultz v. Ford Motor Co.2/21/2005
. Petersen, 39 Res Gestae at 24.
Prior to the 1995 amendments, compliance with state-of-the-art was an affirmative defense to a strict liability action claiming design defect. As such, the burden was on the manufacturer to prove that it developed the product using standards of design conforming to generally recognized state of technological or scientific knowledge existing at the time of manufacture. Timothy C. Caress, 1996 Survey, Recent Developments in the Indiana Law of Products Liability, 29 Ind. L. Rev. 979, 1000 (1996); Indianapolis Athletic Club, Inc. v. Alco Standard Corp., 709 N.E.2d 1070, 1075 (Ind. Ct. App. 1999), trans. denied; Montgomery Ward & Co. v. Gregg, 554 N.E.2d 1145, 1155 (Ind. Ct. App. 1990). Mere proof of compliance with then-existing standards was not sufficient.
After 1995, state-of-the-art as an affirmative defense was repealed and replaced with a rebuttable presumption that a product is non-defective and the manufacturer is not negligent if the product meets state-of-the-art safety standards. IC 34-20-5-1; see J. Alexander Tanford, Indiana Trial Evidence Manual ยง 7.04 (5th ed. 2003) (citing IC 34-20-5-1); Caress, 29 Ind. L. Rev. at 1000. The legislature also created a rebuttable presumption that a product is not defective and the manufacturer is not negligent if the product complies with applicable state or federal codes, standards, regulations, or specifications (also referred to as "governmental compliance presumption"). IC 34-20-5-1. This governmental compliance presumption was something new and arose in response to manufacturers' complaints that courts were giving insufficient weight to their compliance with government safety standards. Caress, 29 Ind. L. Rev. at 1001.
STANDARD OF REVIEW
The Schultzes contend that it was reversible error for the trial court to use Instruction 23 when instructing the jury as to the governmental compliance presumption. Ford asserts that its compliance with FMVSS 216 created a presumption that Ford was not negligent and was thus proper as a jury instruction.
In Wal-Mart Stores, Inc. v. Wright, 774 N.E.2d 891, 893-94 (Ind. 2002), our supreme court set forth our standard of review as follows:
In reviewing a trial court's decision to give or refuse a tendered instruction, this Court considers whether the instruction (1) correctly states the law, (2) is supported by the evidence in the record, and (3) is covered in substance by other instructions. Whitney v. State, 750 N.E.2d 342, 344 (Ind. 2001). The trial court has discretion in instructing the jury, and we will reverse on the last two issues only when the instructions amount to an abuse of discretion. When an instruction is challenged as an incorrect statement of the law, however, appellate review of the ruling is de novo. Cf. Brown v. State, 703 N.E.2d 1010, 1019 (Ind. 1998).
The purpose of a jury instruction is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to "comprehend the case clearly and arrive at a just, fair, and correct verdict." Northrop Corp. v. General Motors Corp., 807 N.E.2d 70, 94 (Ind. Ct. App. 2004), trans. denied. See also Armstrong v. Federated Mut. Ins. Co., 785 N.E.2d 284, 287 (Ind. Ct. App. 2003), trans. denied; Centennial Mortgage, Inc. v. Blumenfeld, 745 N.E.2d 268, 278 (Ind. Ct. App. 2001). Jury instructions are to be considered as a whole and in reference to each other. Sikora v. Fromm, 782 N.E.2d 355, 361 (Ind. Ct. App. 2002), trans. denied (2003). Additionally, an instruction that singles out or gives undue prominence to a particular fact or evidence is erroneous. Underwood v. Gale Tschuor Co., Inc., 799 N.E.2d 1122, 1132 (Ind. Ct. Ap
Page 1 2 3 4 5 6 7 8 Indiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|