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RUPE v. DURBIN DURCO, INC.

557 S.W.2d 742 (1976)

Jolene Bennett RUPE, Appellee, v. DURBIN DURCO, INC., et al., Appellant. JASPER CALLOWAY CONSTRUCTION COMPANY, INC., Appellee, v. DURBIN DURCO, INC., et al., Appellant.

Court of Appeals of Tennessee, Eastern Section.

Rehearing Denied July 6, 1976.

Attorney(s) appearing for the Case

Wilson, Worley, Gamble & Ward, Kingsport, for appellant.

Hicks, Arnold & Haynes, Johnson City, for appellees.

OPINION

DAVID T. WALKER, Special Judge.

These product liability actions were premised upon strict liability in tort under Restatement 402(a). They were consolidated for trial before a jury which resolved the issues in favor of the plaintiffs.

The defendant's appeal presents two legal questions of first impression in the State of Tennessee. First, whether a posttrial motion for judgment notwithstanding a verdict, pursuant to Rule 50.02 of the Rules...

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