Goffredo v. Mercedes-Benz Truck Co.

We granted the plaintiff’s application for direct appellate review to determine whether the trial judge erroneously entered a judgment for the defendant after the jury concluded that the defendant violated its implied warranty of merchantability but were unable to reach an agreement as to proximate cause. The plaintiff also claims that the trial judge erred by allowing the jury to return home for the evening before asking their consent to continue deliberations in compliance with G. L. c. 234, § 34 (1986 ed.). We affirm.

We summarize the evidence most favorable to the plaintiff. On the morning…