Appellants alternatively argue that the trial court should have given their requested jury instruction on failure to produce evidence. We will uphold a trial court's refusal to grant a proposed instruction unless the refusal was an abuse of discretion. While a trial court may instruct on this inference, its use is discretionary. Zuber v. Northern Pac. The trial court did not err by refusing to give the requested instruction.
Respondents argue that appellant passengers failed to make timely and complete posttrial motions.
We need not decide this issue because respondents did not file a notice of review. See Minn R. Civ.