Todd Gander v. Fmc Corporation

I respectfully dissent.

The majority acknowledges that the note at the end of the verdict form was confusing; so confusing, in fact, that the district judge read it one way at trial, only to reach a radically different interpretation a few months later. The majority even goes so far as to recommend that the form as it is now written not be used in future eases. Nevertheless, the court is unable to conclude that use of the form was improper here.

If the district court had given an appropriate instruction that the plaintiffs fault would not reduce his recovery under the strict liability claim, I…