Articles Posted in U.S. 1st Circuit Court of Appeals

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Plaintiff suffered a hand injury while operating a hand saw manufactured by defendant, while working at a construction site. A jury awarded plaintiff $1.5 and, although it found plaintiff to be 35 percent at fault, the finding did not reduce the award because it also found breach of implied warranty of merchantability. The First Circuit affirmed, finding the evidence sufficient to support the verdict and rejecting an argument that plaintiff had argued impermissible "categorical liability" rather than presenting an alternative, safer design. Statements by plaintiff's counsel, about "sending a message" and corporate earnings, did not mandate a new trial. View "Osorio v. One World Techs., Inc." on Justia Law

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Plaintiff, left paralyzed from the chest down after an accident at work, sued the company that built a specialized trailer for his employer. A jury rejected negligence and implied warranty of merchantability claims. The First Circuit affirmed. The district court acted within its discretion when it instructed the jury that a defendant who manufactures a product according to buyer specifications could not be liable under either a negligence or implied warranty theory unless the design defect was so obvious it would not have been reasonable for the defendant to manufacture according to the design.

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Plaintiff, left paralyzed from the chest down after an accident at work, sued the company that built a specialized trailer for his employer. A jury rejected negligence and implied warranty of merchantability claims. The First Circuit affirmed. The district court acted within its discretion when it instructed the jury that a defendant who manufactures a product according to buyer specifications could not be liable under either a negligence or implied warranty theory unless the design defect was so obvious it would not have been reasonable for the defendant to manufacture according to the design. View "Hatch v. Trail King Indus., Inc." on Justia Law