PHILIP H. BERGER v. COPELAND CORPORATION, LLC

Assessing damages at $5 million actual and $23 million punitive, jurors found for Philip Berger against his employer Copeland Corporation on workplace liability claims for exposure to contaminated metalworking fluids. 1 Upon Copeland’s motion, the trial court ordered a new trial “because this Court erred in submitting Instructions 6 and 10,” respectively a negligence verdict director and a non-MAI inference instruction.

Berger appeals the new trial order, raising four points. We deny two without extended discussion 2 and take up Point III, which challenges the grant of a new trial for error in…