Iacurci v. Lummus Co.

Petitioner, whose husband was killed while testing the operation of a “skip hoist,” brought this diversity action claiming that respondent had negligently designed the hoist. The Trial Judge submitted this question to the jury in the form of a special interrogatory which asked that the jury, if it found negligent design, “please indicate” which of five specified design aspects of the hoist *87had been found unsafe. The jury was to answer “Yes” or “No” with respect to each of the five enumerated factors. The jury returned a special verdict for petitioner, answering one of the five subsections of…