Oxford

Defendant, Foster Wheeler LLC, appeals from the judgment entered against it after a jury trial. Defendant contends the trial court erred in refusing to enter judgment in its favor based on the jury’s positive finding on the federal “government contractor defense.” Defendant also claims the court erred in refusing to instruct on the “sophisticated user” doctrine, and that the jury’s finding of negligence is irreconcilably inconsistent with its findings that defendant’s product was not defective. Because the jury rendered inconsistent verdicts, we will reverse and remand for a new trial.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

I. The Complaint

On March 22, 2006, plaintiff Judy Oxford, individually and as successor in interest to Calvin Oxford (Oxford), and Chris Oxford and Jennifer Odegaard as legal heirs of Oxford (collectively referred to as plaintiffs), filed their first amended complaint against defendant Foster Wheeler and several other defendants. The complaint alleged that Oxford was exposed to asbestos between 1963 and 1967 while assigned to the boiler repair shop of the U.S.S. Klondike—a United States Navy vessel that functioned as a repair ship for other Navy…