Murphy v. Northwest Pump & Equipment
Plaintiffs and appellants Rhonda Murphy and Ronnie Murphy[1] appeal from a judgment following a jury verdict in favor of defendant and respondent Northwest Pump & Equipment Co. on the Murphys' causes of action for negligence and loss of consortium based on allegations that Rhonda Murphy was hit by a falling aluminum retractor pole at a gasoline station where defendant sometimes provided repair services. The Murphys contend there is no substantial evidence to support the jury's special verdict finding that defendant was not negligent, particularly because safety experts for both parties assertedly agreed the pole could only have fallen if defendant's service technicians failed to properly maintain and repair the pump. The Murphys also appeal from the trial court's denial of their new trial motion, arguing the court erred in finding no jury misconduct. We conclude sufficient evidence supports the verdict; further, there was no basis for finding the jury committed misconduct. We therefore affirm.
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