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Commonwealth v. United States Mineral Prods. Co.

ELR Citation: 37 ELR 20172
Nos. Nos. 284 M.D. 1990, 244 M.D. 1996, (Pa. Commw. Ct., 07/03/2007)

The court upheld a jury verdict absolving a company from liability for polychlorinated biphenyl (PCB) contamination at a former state government building. The verdict was based on the jury's conclusion that the company's product, PCBs, was not defective. After the court entered judgment in favor of the company, the state filed post-trial motions seeking judgment notwithstanding the verdict (JNOV) on the issue of product defect or, alternatively, a new trial. The court denied the motions. The state failed to preserve a request for a JNOV because it did not ask the trial judge to consider a directed verdict on the first special interrogatory. And the state's request for a new trial was denied because the jury's verdict is supported by the evidence and because the trial court did not commit legal error with respect to two evidentiary rulings or improperly limit voir dire.