United States Second Circuit

Judgment as a matter of law for defendant vacated where evidence, if credited by the jury, was sufficient to establish that plaintiff's automobile malfunctioned due to defendant's negligent design and error was in the jury instruction or verdict sheet, and was not adequately preserved pursuant to FRCP 51.

Appellate Information

• Argued 05/14/2001
• Decided 02/07/2002
• Published 02/07/2002

Judges

• Before:  OAKES, Van GRAAFEILAND, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas J. Murray, Murray & Murray Co., L.P.A., Sandusky, OH (George N. Tompkins, Jr.,Schnader Harrison Segal & Lewis LLP, New York, NY, and Mary S. Birkett on the brief), for plaintiff-appellant.


• For Appellees:
  
• Jeffrey C. Sendziak, Gibson, McAskill & Crosby, Buffalo, NY (Brian P. Crosby on the brief), for defendant-appellee.