Bloom v. Hydrotherm, Inc.

OPINION

CRIPPEN, Judge.

This case deals with damages suffered because of a furnace failure, where a jury determined that fault was evenly divided between a furnace installer and the property owner. We must determine whether the trial court erred by permitting the jury to consider an allocation of fault to the property owner. More critically, if the court erred, we must determine whether a new trial can be required, which might produce a finding of fault against a party exonerated in the first trial.

FACTS

In December 1987, appellant Pamela Bloom was found in Donald Schmiedeker’s rented home,…