Karow v. Evenflo Co., Inc. CA1/1
Plaintiffs David Karow and Tiffany Karow filed a wrongful death suit against their daycare provider and Evenflo Company, Inc. (Evenflo) after their eight-month-old daughter died while taking a nap. A jury awarded plaintiffs a total of $8 million in past and future noneconomic damages against Evenflo. Evenflo appeals from the verdict, arguing it is unsupported by substantial evidence, the trial court erred in instructing the jury on a consumer expectations theory of liability, the trial court erred in allowing punitive damages to be argued to the jury, and the trial court erred in refusing to instruct the jury on comparative fault. We conclude the trial court’s refusal to instruct the jury on comparative fault based on Evenflo’s alleged waiver of its affirmative defense was prejudicial error. We reverse for a new trial on apportionment of damages, and otherwise affirm.
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