April 7, 2021. The Supreme Court of the State of New York, Appellate Division: Second Judicial Department issued its opinion affirming the jury verdict in favor of defendant Vermeer Manufacturing Company. George and Melissa tried the case to a jury in Suffolk County, NY in the fall of 2018. After a seven-day trial, the jury returned a verdict in favor or Vermeer, rejecting the plaintiff’s claims that Vermeer marketed and sold its brush chipper with no or inadequate warnings or instructions. The trial court denied the plaintiff’s request for a new trial, and the plaintiff appealed. Melissa Stull argued the case to the New York Appellate Division on January 21, 2021. The Appellate Court held “that the verdict was based upon a fair interpretation of the evidence presented to the jury, and thus, the Supreme Court properly denied the plaintiff’s motion pursuant to CPLR 4404(a) to set aside the verdict as contrary to the weight of the evidence and for a new trial.” You may read the opinion here.
