Anderson v. Sears, Roebuck & Co. U.S.D.C.,

377 F.Supp. 136 (1974).

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The Britains' home was completely consumed by a fire which was ignited by a defective D heater. Both Mildred Britain and her infant daughter, P, were severely burned and P suffered multiple permanent injuries. P sued Ds (Sears, Roebuck and Company, Preway, Inc., and Employers Mutual Liability Insurance Company of Wisconsin. Preway, Inc. and its insurer, Employers Mutual Liability Insurance Company of Wisconsin, third-partied Employers Liability Assurance Corporation, Ltd., the insurer of Controls Company of America, and Employers Liability Assurance Corporation, Ltd. as an additional defendant) Ps allege that D was negligent in the installation, maintenance, and repair of the heater. The jury returned a verdict in favor of Mildred Britain, Harry Britain, individually, and Harry Britain, as administrator of the estate of P, and against Sears, Preway and Preway's insurer, Employers Mutual of Wausau, for two hundred fifty thousand dollars, twenty-three thousand dollars, and two million dollars respectively. Ds moved for post-trial relief via motions for a judgment notwithstanding the verdict, a new trial, and/or alternatively, a remittitur. The sole issue presently before the court is whether the damages awarded to P were excessive.