Question: 1. What warning should the defendants arguably have given the plaintiffs under the facts of this case? 2. Would the outcome in this case have
2. Would the outcome in this case have been different if Albin Laaperi were a licensed electrician?
3. Why didn’t the plaintiff base the claim on strict liability?
4. What would utilitarian’s think of the doctrine of res ipsa loquitur?
Campbell, Chief Judge
This is an appeal from jury verdicts totaling $1.8 million entered in a product liability suit against defendants Sears, Roebuck & Co. and Pittway Corporation. The actions were brought by Albin Laaperi as administrator of the estates of his three sons, all of whom were killed in a fire in their home in December 1976, and as father and next friend of his daughter, Janet, who was injured in the fire. Plaintiff’s theory of recovery was that defendants had a duty to warn plaintiff that a smoke detector powered by house current, manufactured by Pittway, and sold to Laaperi by Sears might not operate in the event of an electrical fire caused by a short circuit. Defendants contend on appeal that the district court erred in denying their motions for directed verdict and judgment notwithstanding the verdict; that the admission into evidence of purportedly undisclosed expert testimony violated Fed. R. Civ. P. 26(e); and that the award of $750,000 for injuries to Janet Laaperi was excessive and improper. We affirm the judgments in favor of plaintiff in his capacity as administrator of the estates of his three sons, but vacate the judgment in favor of Janet Laaperi, and remand for a new trial limited to the issue of her damages.
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