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Pedicone, III Thompson/Center Arms Company, LLC

Citation: Not availableDocket: N17C-11-264 WCC

Court: Superior Court of Delaware; November 4, 2022; Delaware; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the Superior Court of Delaware, the Plaintiffs filed a Motion for a New Trial following a jury verdict that found the Defendants not negligent in the design of a pistol that caused serious injury to Mr. Pedicone. The motion asserted errors such as the exclusion of evidence on alternative firearm designs, improper questioning of an expert witness, flawed jury instructions, and the presence of a potentially biased juror. The court, led by Judge Carpenter, upheld the jury's decision, emphasizing the high standard for granting a new trial under Delaware Civil Rule 59. The court ruled that evidence of a newer firearm design did not establish a defect in the original design and could mislead the jury. The questioning of the expert witness was deemed necessary for clarity and neutrality, while the jury instructions were found to be fair, accurately reflecting legal standards and the parties' proposals. The court addressed concerns over juror impartiality, affirming that Juror No. 9 demonstrated no bias. Consequently, the court denied the motion for a new trial, supporting the jury's conclusion that the firearm was not negligently designed and that Mr. Pedicone's own negligence contributed to the incident.

Legal Issues Addressed

Court's Discretion in Questioning Witnesses

Application: The court's questioning of an expert witness was deemed proper for clarification, maintaining neutrality and minimizing confusion.

Reasoning: Defendants defend the Court's questioning during the trial, asserting that the inquiries were proper clarifications aimed at maintaining neutrality and minimizing confusion.

Exclusion of Evidence of Alternative Design

Application: The court ruled that evidence of a more modern firearm design does not imply the original design was defective, and admitting such evidence could confuse the jury.

Reasoning: The Court ruled that the existence of a more modern weapon does not imply that the original design was defective. The Court emphasized that advancements in firearm design over decades do not retroactively deem older weapons defective.

Juror Impartiality and Disqualification

Application: The court determined there was no evidence of bias or lack of impartiality in Juror No. 9, allowing him to remain on the jury.

Reasoning: The Court concluded Juror No. 9 could serve impartially.

Jury Instructions and Comparative Negligence

Application: The court found that the jury instructions were fair and did not mislead, incorporating both parties' proposals and addressing recklessness.

Reasoning: The Court considered inputs from both parties and adhered to standard instructions, determining that the law presented was correct and applicable.

Standard for Granting a New Trial under Delaware Civil Rule 59

Application: The court emphasizes the high standard required for granting a new trial, giving substantial deference to the jury's verdict.

Reasoning: The Court, presided by Judge Carpenter, emphasized the high standard for granting a new trial under Delaware Civil Rule 59, which requires giving substantial deference to the jury's verdict.