The Standard Fire Insurance Co. v. Electrolux North America, Inc.

Filing 84

Order Distributing Draft Voir Dire Questions, Introductory and Liability Jury Instructions and Verdict Forms. Signed by Magistrate Judge Stephen L. Crocker on 2/18/10. (Attachments: # 1 Proposed Voir Dire, # 2 Proposed Preliminary Jury Instructions, # 3 Proposed Post-Trial Instructions - Liability, # 4 Proposed Special Verdict - Liability, # 5 Proposed Special Verdict - Damages) (rep)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

THE STANDARD FIRE INSURANCE CO. a/s/o Julie Newcomb, SPECIAL VERDICT Plaintiff, v. ELECTROLUX HOME PRODUCTS, INC., Defendant. 08-cv-540-slc

We, the jury, for our special verdict, do find as follows

Question No. 1: When the subject dryer left the possession of Electrolux Home Products was the dryer in a defective condition so as to be unreasonably dangerous to a prospective user? Answer: _________________________ ("Yes" or "No")

If you answered Question No. 1 "Yes," then answer Question 2. If you answered Question No. 1 "No," then do not answer Question No. 2, but go straight to Question No. 3.

Question No. 2:

Was the defective condition a cause of the fire in Julie

Newcomb's home on January 29, 2007?

Answer: ________________________ ("Yes" or "No")

Question No. 3: Was Electrolux Home Products, Inc. negligent with regard to the design, assembly, manufacture, distribution or introduction into the market of the dryer? Answer: _________________________ ("Yes" or "No")

If you answered Question No. 3 "Yes," then answer Question 4. If you answered Question No. 3 "No," then do not answer Question No. 4, but go straight to Question No. 5.

Question No. 4: Was Electrolux Home Products, Inc.'s negligence a cause of the fire in Julie Newcomb's home on January 29, 2007?

Answer: _________________________ ("Yes" or "No")

If you answered Question No. 1 "No" and you answered Question 3 "No," then you do not need to answer any more questions and you should go to the end and sign the verdict form. If you answered either Question No. 1 or Question No. 3 "Yes," then you must answer Question No. 5.

Question No. 5: Was Julie Newcomb negligent with respect to the installation, operation or maintenance of the clothes dryer?

Answer: _________________________ ("Yes" or "No")

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If you answered Question No. 5 "Yes," then answer Question 6. If you answered Question No. 5 "No," then do not answer Question No. 6.

Question No. 6: Was Julie Newcomb's negligence a cause of plaintiff's damages?

Answer: _________________________ ("Yes" or "No")

If you answered Question No. 6 "No," then you do not need to answer the last question and you should go to the end and sign the verdict. If you answered Question No. 6 "Yes," then you must answer Question No. 7.

Question No. 7: Assuming that the combination of Julie Newcomb's negligence, and the defective condition of the dryer, if any, or Electrolux Home Product's negligence, if any, caused 100% of plaintiff's damages, what percentage of fault do you attribute to:

(a) Defendant:

__________%

(b) Julie Newcomb: __________% TOTAL: 100%

Presiding Juror Madison, Wisconsin

Dated this _________ day of February, 2010

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