United States First Circuit

In a law suit brought by the wife of an individual who was killed operating a forklift manufactured by defendant, claiming it had negligently failed to warn decedent's employer of risks posed by the forklift, a jury verdict for plaintiff is upheld with modification in light of the Maine Supreme Judicial Court's answer to the circuit court's certified questions regarding: 1) a manufacturer's duty under Maine law to warn known but indirect purchasers in circumstances where a product was not defective at the time of sale but a product hazard developed thereafter; and 2) the application of a jury's dollar adjustment for comparative negligence where a portion of an original damages award is reduced pursuant to the statutory damage cap.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

Judges

• PER CURIAM., Before TORRUELLA, BOUDIN and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan S. Franklin, Kimberly S. Walker, Fulbright & Jaworski L.L.P., Robin S. Conrad and Amar D. Sarwal, National Chamber Litigation Center, Inc., on brief for International Association of Defense Counsel and Chamber of Commerce of the United States of America, Amici Curiae., Stephen B. Pershing, Center for Constitutional Litigation, P.C., and Lewis S. Eidson on brief for the American Association for Justice, Amicus Curiae.


• For Appellees:
  
• Jeffrey F. Peck with whom Ulmer & Berne, LLP, John A.K. Grunert and Campbell, Campbell, Edwards & Conroy, P.C. were on brief for appellant/cross-appellee., Nicole L. Lorenzatti with whom Terrence D. Garmey and Smith Elliott, Smith & Garmey P.A. were on brief for appellee/cross-appellant.