Perils Of An Inconsistent Verdict In Design Defect Cases

Law360, New York (July 1, 2015, 10:40 AM EDT) -- On May 14, 2015, the Florida Supreme Court eliminated an important protection for product liability defendants in design defect cases that produce inconsistent jury verdicts. The court's decision in Coba v. Tricam Industries Inc.[1] jettisoned Florida's unique "fundamental nature" exception to the requirement that counsel must object to an inconsistent verdict before the jury is discharged. This article discusses the risks of inconsistent verdicts in product liability design defect cases and the strategies that defense counsel of any jurisdiction can employ when confronting the perils of an inconsistent verdict....

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