Allen v. Chance Manufacturing Co.

A judge of the United States District Court for the District of Massachusetts has certified a question to this court following a jury verdict for the plaintiff on a warranty count in a personal injury action. See S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981). The judge states that the answer to the question is important in passing on the defendant’s motion for a new trial. In support of its motion the defendant asserted that the judge erred in not instructing the jury that circumstances under which the plaintiff could have been found to have used the defendant’s product would have…