Glen A. Johnson v. Jeff B. West

Plaintiff (appellant), Jerry Harper, filed suit against defendant (respondent), Moentmann Brothers, Inc., along with defendants NAMCO, Inc., Clifton Wood and Florence Shannon, for negligence, strict liability, reckless and wanton conduct, and breach of warranties. The actions against NAMCO, Inc., Clifton Wood, and Florence Shannon were dismissed prior to trial. Plaintiff appeals the jury verdict against him, alleging that the trial court erred in the following respects: (1) by instructing the jury on contributory fault in this strict liability case; (2) by modifying the jury instructions during the reading of those instructions to the jury without knowledge of counsel; (3) by permitting a juror to leave the jury room during deliberation without notice to the court or counsel; and (4) by failing to sustain plaintiffs motion for directed verdict. We affirm.