Product Liability -- 2000
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Weisgram v. Marley Co.
(U.S. Supreme Court)
Remediation of errors in admitting expert testimony in products liability case
In this unanimous decision, the Court held that an appellate court may direct the entry of judgment as a matter of law when it determines that evidence was erroneously admitted at trial and that the remaining properly admitted evidence is insufficient to support the jury's verdict. The Court rejected the contention that the appellate court is required to remand for the district court to determine whether a new trial is warranted. The Court held that the appellate court did not abuse its discretion in directing entry of judgment for defendant in this case because plaintiff had notice of the alleged evidentiary deficiency before the close of evidence but made no attempt to add or substitute other evidence to prove his claim and did not, on appeal, offer specific grounds for a new trial.
Lower court opinion: 169 F.3d 514 (8th Cir. 1999).
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