Scm Corporation (Defendant Below) V.
1983.IN.30480; 448 N.E.2D 686
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Publisher Description
Appellant-defendant SCM Corporation (SCM) is appealing from a judgment entered on a jury verdict in favor of appellees-plaintiffs Robert and Shirley Letterer, husband and wife, in the sums of $28,000 for damage to their real estate and $40,000 for damage to their personal property.The jury rendered its verdict on the basis of testimony linking a toaster-oven manufactured by SCM with a fire that substantially destroyed the Letterers home and belongings. Because the verdict was improperly premised upon the res ipsa loquitur rule of evidence in negligence cases, we must reverse the jurys decision. However, we also must remand this case for a new trial because the jury failed to reach any Conclusion on the Letterers strict liability charge.