The appellant challenged a trial judgment finding it liable for an eye injury caused during repair of a heat pump, arguing the injury was not caused by the alleged design defect.
The respondents cross-appealed the finding of contributory negligence for failure to wear safety glasses.
The court held both the appeal and cross-appeal were entirely fact-driven and found no palpable and over-riding error in the trial judge’s acceptance of the plaintiff expert’s evidence on design defect and causation.
The finding of 15 percent contributory negligence was also upheld.
Both the appeal and cross-appeal were dismissed with costs.
