Caterpillar Tractor Co. v. Hulvey

In this products liability case, there were three trials. In the first trial, the jury hung. In the second trial, the jury found for the defendant. That verdict was set aside by the trial court for alleged juror misconduct and a new trial was awarded the plaintiff. In the third trial, the plaintiff obtained a verdict and judgment for $250,000.

On appeal, the defendant attacks the action of the trial court in entering judgment on the third verdict as well as the court’s action in setting aside the second verdict for juror misconduct. The issues relating to the second trial are dispositive of…