Lavoie v. Pacific Press & Shear Co.

Citation. 975 F.2d 48 (2d Cir. 1992)

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Citation975 F.2d 48 (2d Cir. 1992)

Brief Fact Summary.

Lavoie sued Pacific Press & Shear Co. (Pacific) in federal district court for defective equipment manufactured by Pacific.

Synopsis of Rule of Law.

A party waives an objection when the object to the jury form that is submitted to the jury for the first time on appeal.

Points of Law - Legal Principles in this Case for Law Students.

Failure to object to a jury instruction or the form of an interrogatory prior to the jury retiring results in a waiver of that objection.

View Full Point of Law

Lavoie sued Pacific Press & Shear Co. (Pacific) in federal district court for defective equipment manufactured by Pacific. After two sets of verdict forms were submitted to the jury, the jury found that Pacific was not liable for strict liability or breach of warranty, and that both parties were negligent. Pacific moved for judgment notwithstanding the verdict or a new trial, Pacific, however, never objected to the verdict forms. The district court denied Pacific’s motions and Pacific appealed.

Issue.

Whether a party waives an objection when they object to the jury form that is submitted to the jury for the first time on appeal?

Held.

Yes. The judgment is affirmed. Although inconsistencies exist between the interrogatories and the general verdicts, Pacific failed to timely object to the verdict.

Discussion.

A party waives an objection when the object to the jury form that is submitted to the jury for the first time on appeal.