Anunciacao v. Caterpillar Japan, Ltd.

MEMORANDUM OF DECISION AND ORDER ON DEFENDANT’S REQUEST FOR COSTS

DEIN, United States Magistrate Judge.

I. INTRODUCTION

On December 12, 2011, after 11 days of trial, the jury returned a verdict in favor of the defendant Caterpillar Japan, Ltd. (“Caterpillar”) in this products liability case. In response to Special Questions, the jury found that the defendant was “negligent in designing and manufacturing the Caterpillar 320CU excavator that was involved in Mr. Anunciacao’s accident on December 5, 2005” and that it breached the implied warranty of merchantibility at the time of its sale of the…