Coba v. Tricam Indus., Inc.Annotate this Case
The decedent in this case fell from a ladder, resulting in his death. Plaintiff sued the companies that manufactured and sold the ladder, alleging that Defendants were liable on the basis of strict liability and under negligence theories. The jury rendered a verdict finding Defendants liable. Neither party objected to the verdict. After the jury was discharged, Defendants moved to set aside the verdict, contending that the jury verdict was fundamentally inconsistent. The trial court denied the motion. The Third District Court of Appeal reversed, holding that the “fundamental nature” exception to the general rule that Defendants waived their challenges to the inconsistent verdict for failing to timely object applied in this case. The Supreme Court reversed, holding (1) a party must timely object to an inconsistent verdict under these circumstances or the issue is waived; and (2) because Defendants failed to timely raise their objection to the jury’s inconsistent verdict, the trial court did not err in denying Defendants’ motion to set aside the verdict.