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Product Liability

By: WISCONSIN LAW JOURNAL STAFF//July 31, 2023//

Product Liability

By: WISCONSIN LAW JOURNAL STAFF//July 31, 2023//

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WI Court of Appeals – District I

Case Name: Nickey Moncel v. Flavor Development Corp

Case No.: 2022AP001014

Officials: White, J.

Focus: Product Liability

Moncel alleged that he had been injured by exposure to the chemical diacetyl in flavoring that had been supplied by Flavor Development to Midwest Roasters.

Flavor Development Corporation (Flavor Development) appeals the judgment, entered after a jury’s verdict that found it liable for over $5.3 million in damages to Moncel for a defective and dangerous product it produced, and that Moncel was exposed to on his job at a coffee roaster. Flavor Development argues that the trial court erroneously admitted testimony from three medical expert witnesses and that the evidence at trial was insufficient to prove causation, liability, and injury. Additionally, it argues that Moncel’s counsel’s closing argument was improper and prejudicial. The appeals court rejects all of Flavor Development’s arguments.

Affirmed.

Decided 07/25/23

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