Magic Words Sometimes Make a Difference

Simgel Co. v. Jaguar Land Rover N. Am., No. B292458 (D2d8 Oct. 1, 2020)

This is a pretty ridiculous lemon law case about some very minor electrical problems regarding the power windows in a Jaguar. (Tom Magliozzi, for one, would be rolling in his grave to hear about electrical issues in a British import…) In answering the verdict form, the jury checked the box on the verdict form indicating that the car had no material defect. But, because the parties failed to indicate that a “no” answer meant the jury should stop, the jury went on to find that the Plaintiff had timely revoked acceptance and that there were $26k in rescission damages.

Follow the Verdict Form

Markow v. Rosner, No. B260715 (D2d1 Oct. 4, 2016).

A jury awarded damages to Plaintiffs—a patient and his wife suing for loss of consortium—in a med-mal case. The jury purported to allocate the award 60/40 between Doctor and Hospital. Hospital’s liability was based on an ostensible agency theory, not any direct fault on its own part. Hospital moved for judgment notwithstanding the verdict, on the ground that the record was clear that Doctor was an independent contractor, not an agent, and that Plaintiff knew that fact from the get-go. The trial court denied that motion, but the Court of Appeal reverses.