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Virginia: Product Liability – a Lawyer’s Retrial

Virginia: Product Liability – a Lawyer’s Retrial

In CNH America, LLC v. Smith, No. 091991 (Jan. 13, 2011), the Virginia Supreme Court reversed a $1,750,000.00 jury verdict for Plaintiff in a special case of product liability in Smyth County, Virginia. Plaintiff’s expert opinion testimony lacked adequate foundation. Id. at 9-11.

CNH America “remanded” for “full trial on the merits”, as CNH America has requested on appeal. Id. at 12. Had Defendant instead requested the Virginia Supreme Court to “render,” presumably final judgment for CNH America would have been entered in this special case.