Mendoza

Defendant Club Car, Inc. (CCI), a manufacturer of electric golf carts, appeals from a products liability judgment entered against it following a bifurcated trial on liability and damages. This action arises out of an accident involving a CCI golf cart whose parking brake allegedly spontaneously released, causing plaintiff David Mendoza (Mendoza) to suffer serious injuries, including a broken neck. Judge Peter E. Riddle presided over the liability phase and Judge Thomas O. LaVoy over the damages phase of the trial. This appeal is taken solely from the portion of the judgment finding CCI liable.

CCI’s appeal is based on four contentions related to the liability phase of the trial. First, the court erred in finding an inconsistency in the special verdict, instructing the jury on that issue, and directing the jury to deliberate further to clear up the inconsistency. Second, the court erred by not granting CCI’s motion for new trial on the grounds of juror misconduct based on the fact an alternate juror was seated during deliberations and the verdict was rendered 49 minutes later. Third, the court erred by failing to instruct the jury to disregard all testimony and documents…