specially concurring.
I agree with the result of this Court’s decision today. I also find no reversible error in the instruction given by the trial court on the issue of product misuse.
The giving of an erroneous instruction will not warrant reversal of the trial court’s judgment unless it appears the jury was misled thereby, resulting in a miscarriage of justice. Kirkland v. General Motors Corporation, 521 P.2d 1353, 1367 (Okla.1974); Seay v. General Elevator Company, 522 P.2d 1022, 1028 (Okla.1974). In my view, the misuse instruction was not such that the jury would have rendered a different verdict.
Upon examination of the entire record I find there was no evidence which warranted invocation of the affirmative defense of misuse as previously defined by this Court in Smith v. United States Gypsum Co., 612 P.2d 251 (Okla.1980); Fields v. Volkswagen of America, Inc., 555 P.2d 48, 56-57 (Okla.1976). Here, Treadway was mounting the tire, obviously a use for a proper purpose, but purportedly in a careless manner inasmuch as he did not follow the safety instructions and warnings of Uniroyal. In addition, Treadway’s conduct was reasonably foreseeable by Uniroyal. Tread-way’s conduct constituted at most contributory negligence and as such cannot be considered as a complete defense in a manufacturers’ products liability case, unless this conduct was the sole cause of the accident. Smith v. United States Gypsum *943Co., 612 P.2d 251, 256 (Okla.1980), Fields v. Volkswagen of America, Inc., 555 P.2d at 57.
Uniroyal claims the dispositive issue is: “Does failure to follow a legally sufficient warning constitute misuse of a product?” If Uniroyal’s analysis is correct, then the trial court should have directed a verdict in its favor. But that is not the correct issue in this case. It is not denied that Tread-way did not follow Uniroyal’s tire mounting instructions. Nor does Treadway contend the instructions and warnings were insufficient. Treadway claims there was an unreasonably dangerous defect in the tire because of a manufacturer’s flaw. He does not base his claim on a defective product design or inadequate warning.
Consequently, the determinative issue is what caused the tire to explode. Did the tire explode because Uniroyal manufactured a defective tire or did the tire explode solely because of the manner in which Treadway mounted the tire in violation of Uniroyal’s written instructions (use for the intended purpose but in a negligent manner)? Uniroyal cannot create a defective tire which causes injury and then excuse its liability by the claim that sufficient adequate warning was given.
Upon examination of the record and transcript it appears that there was expert testimony which would support either position concerning causation. Treadway’s expert witness testified that putting a tire on a mounting machine does not prevent the tire from exploding. The witness further testified that even if the tire rim is “fastened to the machine and the tire explodes, that doesn’t necessarily at all mean that it’s not going to — that it’s going to keep the tire on the machine.” As the majority put it, “The jury chose to believe the appellee.” Consequently, Uniroyal’s claimed misuse became irrelevant because the jury found the defective tire was the direct cause of the explosion, not Treadway’s purported negligent conduct or use of the tire. Prom my examination of the record, there was competent evidence for the jury to find the defect caused the explosion.
The only jury instruction Uniroyal was entitled to, which the trial court failed to give, was a charging instruction which would inform the jury that if they found the sole cause of the accident was Tread-way’s negligent use of the product, i.e., failure to properly follow Uniroyal’s mounting instructions, then they should render a verdict for Uniroyal. Instead, the trial court gave the following instruction, number 7:
“Defendants contend Plaintiff misused the Uniroyal tire and Defendant has the burden of proving such misuse as a defense.
“Misuse of a product is where the method of using a product was not that which the manufacturer intended or was a use not reasonably anticipated by the manufacturer.
“If the Plaintiff was using the product in a manner that was foreseeable or could have been anticipated by the Defendant, it is not misuse even if the Plaintiff may have been careless in that use.”
In jury instruction number 9,1 the trial court told the jury that if the evidence shows Treadway was guilty of misuse as defined in the above instruction number 7, then their judgment should be for Uniroyal and against Treadway.
The effect of the above two instructions was a less stringent burden of proof for Uniroyal’s defense of Treadway’s alleged negligent conduct. Under the court’s instructions, Uniroyal would be entitled to a verdict even if Treadway’s negligent conduct or use of the defective product was merely a contributing factor causing the injury to occur, rather than the sole cause of the accident. Negligent conduct or use of the product by a plaintiff which does not *944amount to misuse is not a bar to a plaintiff’s claim unless such conduct is the sole cause of the plaintiffs injury. If the defendant manufacturers a defective product which causes injury to a person and that person’s negligent use of the product was only a contributing factor, then in that event such conduct is not a complete defense in a manufacturers’ products liability case.
It is well settled that a party may not complain on appeal of an erroneous instruction that is more favorable to that party than it is entitled to and the giving of the instruction does not constitute reversible error. Taylor v. Birks, 325 P.2d 737, 740-41 (Okla.1958). It therefore follows that the trial court’s erroneous instruction of the defense of misuse was not prejudicial and therefore is harmless error.
With regard to appellant’s assertion that the jury’s verdict was excessive, I agree with this Court’s rejection of this contention. I may add that initially the verdict of $750,000 appears somewhat shocking. But upon review of the evidence there is absolutely no bias or prejudice shown in the record to support a remittitur or a new trial. The amount of damages awarded is the prerogative of the jury and this Court has no right to interfere absent a finding “the jury were activated by prejudice or guilty of abuse and passionate exercise.” Dodson v. Henderson Properties, Inc., 708 P.2d 1064, 1066 (Okla.1985).
In sum, I concur in affirming the judgment of the trial court.
I am authorized to state Justice YVONNE KAUGER concurs in the views expressed herein.
. Instruction number 9 read:
"If you find by a preponderance of the evidence that the Plaintiff has met its burden for proving his case under the law of Manufacturer's Products Liability as set out in Instruction No. 4, and that the Defendant has not proven that Plaintiff was guilty of misuse of the tire as defined herein, then your judgment shall be for the Plaintiff and against the Defendant.
"If you do not so find, however, then your verdict shall by [sic] for the Defendant."