{"id":3792,"date":"2014-06-13T10:00:47","date_gmt":"2014-06-13T15:00:47","guid":{"rendered":"http:\/\/injury.robertkreisman.com\/?p=3792"},"modified":"2014-06-11T08:31:33","modified_gmt":"2014-06-11T13:31:33","slug":"us-court-appeals-considers-relevant-topics-cross-examination-trial","status":"publish","type":"post","link":"https:\/\/www.robertkreisman.com\/injury-lawyer\/us-court-appeals-considers-relevant-topics-cross-examination-trial\/","title":{"rendered":"US Court of Appeals Considers Relevant Topics of Cross-Examination at Trial"},"content":{"rendered":"<p>Allen Plyler had purchased and installed a <a href=\"http:\/\/www.whirlpool.com\/\">Whirlpool<\/a> microwave oven for his home. Seven years later, in October 2006, Plyer used the microwave to heat up some food. Eight hours later, Plyer was awakened by a fire that began in the microwave. He tried to put out the fire but suffered physical and emotional injuries.<\/p>\n<p>As a result of his injuries, Plyler filed a lawsuit against Whirlpool claiming strict product liability and negligent recall. At trial, the Whirlpool global product safety director testified about the defect in some microwaves that Whirlpool had recalled. The corporate product safety director testified that the microwave would catch fire only if it contained food splatters and was running immediately before the fire. Plyler testified at trial that the microwave was clean and wasn\u2019t in use before the fire started.<\/p>\n<p>The jury found in favor of Whirlpool on both the claim for strict product liability and negligent recall; Plyler moved for a new trial. The federal magistrate judge who considered the post-trial motion for a new trial concluded that a rational jury could have accepted the product safety director\u2019s testimony, combined with Plyler\u2019s testimony about the state of the microwave, and could conclude that Whirlpool was not responsible for Plyler\u2019s injuries. The court also noted that the jury could have reasonably rejected Plyler\u2019s argument that Whirlpool should have made additional efforts to notify him of the recall.<\/p>\n<p> <a href=\"https:\/\/www.robertkreisman.com\/injury-lawyer\/us-court-appeals-considers-relevant-topics-cross-examination-trial\/#more-3792\" class=\"more-link\">Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Allen Plyler had purchased and installed a Whirlpool microwave oven for his home. Seven years later, in October 2006, Plyer used the microwave to heat up some food. Eight hours later, Plyer was awakened by a fire that began in the microwave. He tried to put out the fire but suffered physical and emotional injuries. [&hellip;]<\/p>\n","protected":false},"author":795,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"enabled":false},"version":2}},"categories":[140,125,38,75,132],"tags":[],"class_list":["post-3792","post","type-post","status-publish","format-standard","hentry","category-burn-injuries","category-consumer-law","category-federal-law","category-product-defect-litigation","category-recalled-products"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>US Court of Appeals Considers Relevant Topics of Cross-Examination at Trial  &#8212; Chicago Injury Lawyer Blog<\/title>\n<meta name=\"description\" content=\"Allen Plyler had purchased and installed a Whirlpool microwave oven for his home. Seven years later, in October 2006, Plyer used the microwave to heat up\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.robertkreisman.com\/injury-lawyer\/us-court-appeals-considers-relevant-topics-cross-examination-trial\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"US Court of Appeals Considers Relevant Topics of Cross-Examination at Trial  &#8212; Chicago Injury Lawyer Blog\" \/>\n<meta name=\"twitter:description\" content=\"Allen Plyler had purchased and installed a Whirlpool microwave oven for his home. Seven years later, in October 2006, Plyer used the microwave to heat up\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Robert Kreisman\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"US Court of Appeals Considers Relevant Topics of Cross-Examination at Trial  &#8212; Chicago Injury Lawyer Blog","description":"Allen Plyler had purchased and installed a Whirlpool microwave oven for his home. 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Seven years later, in October 2006, Plyer used the microwave to heat up","twitter_misc":{"Written by":"Robert Kreisman","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/us-court-appeals-considers-relevant-topics-cross-examination-trial\/#article","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/us-court-appeals-considers-relevant-topics-cross-examination-trial\/"},"author":{"name":"Robert Kreisman","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#\/schema\/person\/5e5596abf7be77fdabc788f0a78f042b"},"headline":"US Court of Appeals Considers Relevant Topics of Cross-Examination at Trial","datePublished":"2014-06-13T15:00:47+00:00","mainEntityOfPage":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/us-court-appeals-considers-relevant-topics-cross-examination-trial\/"},"wordCount":629,"articleSection":["Burn Injuries","Consumer Law","Federal Law","Product Defect Litigation","Recalled Products"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/us-court-appeals-considers-relevant-topics-cross-examination-trial\/","url":"https:\/\/www.robertkreisman.com\/injury-lawyer\/us-court-appeals-considers-relevant-topics-cross-examination-trial\/","name":"US Court of Appeals Considers Relevant Topics of Cross-Examination at Trial &#8212; Chicago Injury Lawyer Blog","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#website"},"datePublished":"2014-06-13T15:00:47+00:00","author":{"@id":"https:\/\/www.robertkreisman.com\/injury-lawyer\/#\/schema\/person\/5e5596abf7be77fdabc788f0a78f042b"},"description":"Allen Plyler had purchased and installed a Whirlpool microwave oven for his home. 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