Chandler v. FMC Corp., 35 Mass. App. Ct. 332
N/AOUTCOME: New trial granted
A firefighter filed an action against the manufacturer and the seller for injuries he suffered when he slipped and fell from a fire engine. His wife and children filed claims for loss of consortium. Du ... ring the course of trial, the trial court repeatedly set time limits on all witnesses' testimony. The trial court advised the jury that for reasons of the trial court's schedule, it was bifurcating the case on the issues of liability and damages. The jury found for the manufacturer, but the trial court proceeded to determine damages so that the reviewing court would have had an entire record on appeal. The trial court then granted the firefighter's motion for judgment notwithstanding the verdict. On appeal, the court ruled that because the trial court arbitrarily imposed time limits on the witnesses testimony, the parties were prevented from presenting their entire case to the jury, both on the liability issue and damages. The court concluded that the parties were entitled to a new trial on all issues because they did not receive a fair trial due to the trial court's time limits.
