LAVOIE v. PACIFIC PRESS & SHEAR CO.

No. 1132, Docket 91-7774.

975 F.2d 48 (1992)

Kathy L. LAVOIE, formerly known as Kathy L. LaBelle, Plaintiff-Appellee, v. PACIFIC PRESS & SHEAR COMPANY, A DIVISION OF CANRON CORP., and Canron Corp., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 10, 1992.


Attorney(s) appearing for the Case

Frederick S. Lane, III, Burlington, Vt. (Robert H. Erdmann, Dinse, Erdmann & Clapp, of counsel), for defendants-appellants.

Robert G. Cain, Burlington, Vt. (Christopher J. McVeigh, Paul, Frank & Collins, Inc., of counsel), for plaintiff-appellee.

Before: NEWMAN and CARDAMONE, Circuit Judges, and SAND, District Judge.


CARDAMONE, Circuit Judge:

This appeal presents a question of waiver. After a young industrial worker suffered a severe injury caused by the equipment she was operating, she sued and obtained a substantial verdict at the hands of a jury. The equipment maker asserts for the first time on appeal that written questions and a verdict form submitted by the trial judge and responded to by the jury resulted in an inconsistency that entitles it to a new trial. Because defendant...

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