Olympic Arms, Inc. v. Green

In its appeal of this products liability case, appellant, Olympic Arms, Inc. ("Olympic"), appeals a judgment on a jury verdict in favor of appellee, Phillip Green. Green sued Olympic and its co-defendant, Kerry ODay, for left hand injuries that Green sustained when a rifle barrel---which Olympic had manufactured and ODay had assembled---exploded. On appeal, Olympic contends that the Civil Practice and Remedies Code required the trial court to submit jury questions that included two settling parties and the plaintiff, so that the jury could compare Olympics causation with theirs. Olympic further contends that (1) no evidence, or alternatively, insufficient evidence supports Greens claims against Olympic; (2) Olympic conclusively established its substantial alteration defense as a matter of law; (3) the trial court erred in refusing to instruct the jury as to Olympics defensive theories; (4) the trial court erred in admitting evidence from Greens experts and in excluding evidence supporting Olympics defensive theories; and (5) the trial court erred in denying Olympics motion for judgment notwithstanding the verdict as to the jurys failure to award Olympic its attorneys fees and expenses. In his appeal, Green asserts one point of error, in which he contends that the trial court erred in its calculation of pre-judgment interest.