Powell v. Sears, Roebuck & Co.

James D. Powell was injured when a gasoline-powered chain saw, manufactured by Roper Corporation (Roper) and sold by Sears, Roebuck and Company (Sears), “kicked-back” while in use and struck Powell in the face. Powell sued for $85,000 in compensatory damages and $100,000 in punitive damages.

During trial, while still in plaintiffs case, Powell moved to amend his pleadings to increase the amount of his compensatory damage claim from $85,000 to $185,000, leaving the punitive damage claim at $100,000. The motion to amend was denied. After the parties had rested, Powell’s claim for punitive…