Lavoie v. Pacific Press & Shear Co.

Lavoie (plaintiff), injured by allegedly defective equipment made by Pacific Press & Shear Co. (Pacific) (defendant), sued alleging breach of implied warranties, strict products liability, and negligence; the parties reviewed the jury instructions and verdict forms in advance without objection, and the jury found no liability for breach of warranty or strict liability but found both parties negligent, assessing 85 percent fault to Pacific and awarding $412,250. Pacific moved for judgment notwithstanding the verdict or a new trial on grounds of insufficient evidence, intervening cause, and jury sympathy, but never objected to the verdict forms themselves at any point; the district court denied Pacific's motions, and on appeal Pacific argued for the first time that the verdicts were irreconcilably inconsistent, since a finding of no strict liability or warranty breach should have precluded a finding of negligence.