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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.
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