-comparative negligence defense)
Facts-of the hypothetical case
John Smith - was injured - when he was struck by a-new hay baler being driven by Dilbert Driver on the highway-near- Driv-eFs - farm- - The - hay - baler - suddenly swerved-across the-road into the path of Smith, who-was-approaching-in the opposite direction, - At the time, Smith was *808watching- a group-of deer in a field-near-the road, and failed-to- observe the -hay baler-inr4ime to avoid the collision with-his vehicle. - An examination of-the hay-baler revealed-that part of the steering-mechanism was designed- in such a way-that- it could-not sustain the - speed.of - highway driving. - The - mechanism - had - broken, making it impossible-for Driver to-steer the baler. - There-was evidence that-a-person-cenld have observed -the weakened condition of the steering mechanism- had he or she examined -it-before driving the hay baler. - Smith sued Driver, alleging that - his-operation-of - the hay baler had been negligent. - Smith-also sued the manufacturer of the hay-baler,-Mishap Manufacturing- Co., and-the retailer seller, Sharp Sales-Co-., alleging-that the hay baler-had been defectively bnilt and that both had been -negligent-in-their inspections of-the hay baler. - He sought- recovery against both-the-manufacturer-and the retailer-on claims of (1) negligence and (2)-str-iet-llabil-ity, - The defendants denied liability,- and affirmatively alleged that Smith had been comparatively negligent. - All issues are to be submitted to the-jury?
The couvifs-eharge
1⁄81] - Members of - the jury,- -I - shall now - instruct you on the law that you must -follow in reaching your-verdicfi - It is your duty as jurors to decide - the issuesr-and only-those issues, that I submit for your determination by your-ver-diet, - In- reaching your verdict, - you should-consider and weigh the evidence, decide-the disputed-issues of fact, and apply-the law on which I -shall instruct yoUj-to-facts as you-find them from the evidence,
The-evidence in this case consists-of the sworn-testimony of the witnesses, all exhibits- received - in - evidence- - and - all facts that may be admitted or agreed to by the-parties.
In determining the - facts, you may draw-r-easonable inferences from the evidence, - ¥ou may make deductions and reach - conclusions - which reason - and common sense lead you to draw -from the -facts-shown-by the evidence in-this case, but you should-not speculate-on any matters outside the-evidence,
[2.2oj - In determining the believabilityr of any witness and-the weight-to-be given-the-testimony of any witness, you may- properly consider the demeanor of the witness while-testifying; the frankness or-lack of-frankness of the witness; the intelligence of the-witness; - any-interest the-witness-may-have in the-outcome of-the case; -the-means and-opportunity- the witness had-to know- the-facts about which the witness testified;-the ability of the witness to remember the matters about which the witness testified; and -the reasonableness of the-testimony-of- the witness^considered in-the light of-all the evidence-in the case-and in the light of your-ow-n- experience-and common sense.
[3⁄821⁄8] - Some of the testimony before you was in the form of-opinions about certain technical subjects,
You may accept such opinion testimony, -rejeGb it, -or-give-it-the weight you think it- deserves, considering the knowledge, skill, experience,-training or-education-of-the witness; - the reasons-given by the-witness for-the-opinion expressed; and all the other-evidence in-the-case,