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Case Law Update: New Trial Granted in Products Liability Case

Boren v. The BOC Group, No. 5-06-0679 (9/9/2008) affirmed that a trial court Trial court did not abuse its discretion when it granted plaintiff a new trial after jury returned a verdict in favor of defendants after products liability trial for injuries sustained when plaintiff allegedly developed Parkinson’s disease as result of welding fumes. Defense published prejudicial photograph to jury depicting billboard advertising for subjects to study that was not relevant to any evidence presented in case; defense attorney violated order in limine b referring to “cottage industry” of welding exposure lawsuits; and defense disclosed several hundred pages of discovery related to the plaintiffs. This decision will impact product liability lawsuits.