On January 30, 2015, David McDonald (“Plaintiff”) filed this action for injuries sustained when an overhead door at a winery warehouse fell while he was walking underneath it. Plaintiff alleged (1) negligence against Chad Stern, individually and dba Cal Sun Electric & Solar Systems (“Stern”), an electrician working in the area at the time of the accident, and (2) a product’s liability claim against Brad’s Overhead Doors, Inc. (“Brad’s”), which had installed the door a couple years earlier. Trial commenced on May 3, 2018, and resulted in a jury verdict for both defendants.
Plaintiff now moves for a new trial, or in the alternative, judgment notwithstanding the verdict. The Court heard oral argument on the matter on September 4, 2018.
A. Motions for New Trial
A motion for new trial asks the trial court to reexamine one or more issues of fact or law after a trial and decision by a judge or jury. (Code Civ. Proc., §§ 656-657.)1 Here, Plaintiff raises two grounds for a new trial: (A) insuff