McLaughlin v. Fellows Gear Shaper Co.
United States Court of Appeals for the Third Circuit
786 F.2d 592 (1986)
Wilbur McLaughlin (Wilbur) and his wife (plaintiffs) sued Fellows Gear Shaper Co. (FGS) (defendant) after Wilbur's thumb was amputated while he stood on top of an FGS machine that lacked an automatic shutoff or interlock; FGS argued it could not have foreseen someone standing on the machine, and alternatively that Wilbur assumed the risk. The jury answered special interrogatories finding the machine defective, the defect a proximate cause of the injury, and Wilbur's own assumption of risk — but answered "no" when asked whether it was foreseeable to FGS that an operator might stand on the machine — while still awarding the McLaughlins $120,000 in damages. Rather than grant either side's post-verdict motion, the court submitted supplemental interrogatories asking whether Wilbur's standing on the machine was a substantial or sole cause of his injury, the jury answered "no" to both and confirmed aloud it intended to find for the McLaughlins, and the court set aside the assumption-of-risk finding and entered judgment for the McLaughlins; FGS appealed.
Whether, where a jury returns inconsistent answers to special interrogatories, the court may submit supplemental interrogatories to the jury and use those answers to resolve the apparent inconsistency.