United States Second Circuit

Judgment awarding damages to plaintiffs against defendant, ATV manufacturer is vacated as the verdict was inconsistent where the jury found in favor of defendant on strict products liability and breach of warranty claims, but found defendant negligently designed the vehicle or failed to provide adequate safety warnings.

Appellate Information

• Decided 09/01/2006
• Published 09/05/2006

Judges

• DENNIS JACOBS, Circuit Judge., Before:  JACOBS and WESLEY, Circuit Judges, and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Wayne D. Struble, Bowman and Brooke LLP, Minneapolis, Minnesota (David S. Miller, on the brief;  Annette G. Hasapidis, of counsel), for Defendant-Appellant., Brian J. Isaac, Pollack, Pollack, Isaac & De Cicco, New York, New York (Roura & Melamed, on the brief), for Plaintiffs-Appellees.