Susan R. Pumphrey v. K.W. Thompson Tool Co., a New Hampshire Corporation D/B/A Thompson Center Arms

We review in this appeal a district court’s decision to set aside a verdict in favor of a defendant in a wrongful death action after the court discovered that defendant’s in-house counsel participated in a scheme to defraud the court. The court ordered a new trial over defendant’s objection that its conduct did not rise to the level of fraud upon the court, and even assuming that it did, that a new trial should be limited solely to the issue of liability. We agree with the district court that defendant’s actions constituted fraud on the court, and that a new trial on all issues is appropriate. Accordingly, we affirm.

I.

Melvin Sparks was killed when he dropped a Thompson P.C. Contender handgun and it fired, sending a bullet through his heart. Sparks’ widow and children (“Sparks”) brought a wrongful death action against the gun manufacturer, K.W. Thompson Tool Company (“Thompson”), alleging that the gun’s internal and external safety devices were engaged at the time of the accident, but that the gun nevertheless fired when dropped.

At trial, Thompson introduced a videotape (“trial video”) showing the Contender dropped from various heights and angles. The trial video shows that…