- 4 - petitioner; (2) Universal sold Benlate with a defect that was a legal cause of damage to petitioner; and (3) Dupont's negligence was a legal cause of damage to petitioner. The jury further concluded that petitioner was also negligent, assigning 80 percent of responsibility for petitioner's damages to Dupont and Universal and 20 percent of the responsibility to petitioner. The jury listed petitioner's total damages as $3,796,318, an amount that is exactly $200 more than the damages estimated by petitioner's expert at trial. On September 28, 1993, the trial court entered a final judgment, consistent with the jury's verdict in petitioner's favor, in the amount of $3,037,054.3 However, on October 4, 1993, Dupont and Universal filed, inter alia, a motion to amend the judgment to reduce the same to account for $200,000 that Dupont previously paid to petitioner with respect to his claims. On December 8, 1993, the trial court granted the above-described motion and entered an amended judgment in petitioner's favor in the amount of $2,837,054. On December 17, 1993, Dupont and Universal filed a notice of appeal with respect to the amended judgment. On May 31, 1994, petitioner approved and accepted a distribution schedule which 3 The final judgment in the amount of $3,037,054 is 80 percent of the amount of the total damages determined by the jury and reflects the jury's determination respecting the parties' comparative negligence.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011