Cavanaugh v. Skil Corp.

The opinion of the Court was delivered by

VERNIERO, J.

This is a products liability action. Plaintiff suffered injuries, including the loss of a toe, after he put down defendant’s portable circular saw, which then “traveled” about eighteen inches across the floor and ran over his foot. A jury awarded plaintiff $160,000. The principal issues in this appeal are whether the trial court erred (1) in charging the jury on the state-of-the-art defense, thereby improperly shifting the burden of proof to defendant; and (2) in ruling that comparative negligence could not be used as a defense in products…