Reyes-Gonzalez

INTRODUCTION

Gustavo Reyes-Gonzalez appeals from a judgment in favor of Color Marble Inc. following a jury trial on his causes of action for strict products liability (failure to warn and design defect) and negligence. Reyes-Gonzalez claimed that Color Marble sold natural and artificial stone products he fabricated into residential countertops and that, because he was exposed to respirable crystalline silica (fine dust generated while cutting and polishing artificial stone products), he developed silicosis, a serious lung disease. After the jury found Color Marble not liable on Reyes-Gonzalez’s strict products liability causes of action but liable on his negligence cause of action, the trial court granted Color Marble’s motion for judgment notwithstanding the verdict and entered judgment in favor of Color Marble. Reyes-Gonzalez argues that, because Color Marble agreed to use a general verdict form, Color Marble forfeited the right to move for judgment notwithstanding the verdict. He also argues that the trial court applied an incorrect legal standard in ruling on Color Marble’s motion for judgment notwithstanding the verdict and that, because substantial evidence supported the…