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Civil Procedure Keyed to Glannon
Wilson v. Vermont Castings, Inc.
Citation:977 F. Supp. 691 (M.D. Pa. 1977)
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Plaintiffs’ sustained injuries while using a woodburning stove sold by Defendant. The complaint alleged strict liability and negligence and asserted claims for loss of consortium and punitive damages. Trial proceeded on the strict liability claim only, and the jury entered a verdict in Defendant’s favor. The jury found that the stove was defective, but that the defect was not a substantial factor in causing Plaintiffs’ injury. During post-trial conversations with jurors, Plaintiffs’ counsel learned that one of the jurors also owned one of the stoves Defendant sold. That juror told the other jurors that she, like Plaintiffs, found it necessary to leave the stove door open to start the fire. The juror also reviewed her stove’s manual regarding warnings, and told the other jurors about what she learned. Plaintiffs moved for a new trial, alleging juror misconduct.
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