Question
1. Should a party bringing a lawsuit have to set forth all of its proofs when the suit is filed; lay the cards out on
1. Should a party bringing a lawsuit have to set forth all of its proofs when the suit is filed; lay the cards out on the table, as they say?Isn't that more efficient/fair?
2.Ferlito v Johnson & Johnson Products, Inc.: Ferlito made a Halloween costumeout of cotton ballsmanufactured by the defendant.While wearing the costume, the plaintiff lit a cigaretteand caught fire.He sued the cotton ball manufacturer for failure to warn of ignitability.The jury awarded Ferlito $555,000.The defendant motioned for judgment notwithstanding the verdict; JNOV and won.
Ignoring, if you can, the sheer absurdity of a person who makes a costume out of cotton balls and then handles an open flame such as lighting a cigarette, the Court exonerated the defendant even though the jury did not.Is that fair?If it is that obvious, why go through the expense of a trial?What do you think?
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