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Thursday, December 08, 2005

Ind. Decision - 7th Circuit affirms Indiana Product Liability Act decision

In Tober v. Graco Children's Products (SD Ind., Chief Judge McKinney), Judge Williams writes:

Gregory and Staci Tober filed this action pursuant to Indiana’s Product Liability Act (“IPLA”), seeking recovery for the heartbreaking death of their eight-month-old son, Trevor Tober. Following a week-long trial, a jury rendered a verdict in favor of Graco Children’s Products, Incorporated (“Graco”), finding that the Tobers had failed to prove by a preponderance of the evidence that one of Graco’s products, the Lil’ Napper Plus Battery Powered Swing (“Lil’ Napper”) model no. 12-476 manufactured in 1995 by Century Products Company (“Century”),1 was defective. On appeal, the Tobers contend that the district court erred in the exclusion of certain evidence at trial, in certain rulings the district court made as a matter of law prior to trial, and in how the district court instructed the jury. Notwithstanding the tragic death from which this case arises, we agree with the district court’s rulings and, therefore, affirm.

Posted by Marcia Oddi on December 8, 2005 05:22 PM
Posted to Ind. (7th Cir.) Decisions