Appellate Division Affirms Jury Verdict for Client Continental Motors, Inc.
On August 29, 2018, in a case involving an alleged defective aircraft engine, the Appellate Division of the Superior Court of New Jersey affirmed in all respects the jury verdict entered in favor of our client Continental Motors, Inc. Plaintiffs asserted claims against Continental for violation of the New Jersey Product Liability Act, breach of express warranty, breach of contract and consumer fraud. In May 2016, following a two-week trial, a Camden County jury returned a no-cause defense verdict in Continental’s favor. Plaintiffs appealed the jury verdict, arguing cumulative error. The Appellate Division rejected each ground that Plaintiffs raised on appeal and affirmed the jury verdict in total. Of particular significance in the Opinion is the Appellate Division’s affirmance of a $13,000 post-judgment award of taxed costs against Plaintiffs, the magnitude and substance of which is rare in these cases. Partner Frank Vitolo led the litigation team, assisted by Associate Thomas Kenny, in defending Continental Motors at trial and on appeal.