I looked at 3 different articles written by civil lawyers. If you are a lawyer then the issue is not clear, but what I saw didn’t offer maybes or sometimes it was ‘this is the law in all state and federal courts.’I would respectfully disagree!! Incorrect application of the law has little or nothing to do with a civil case. Civil cases aren't about law necessarily, they are about assigning liability due to a problem with a product, at least that is what is being purported in this case.
Only about 15% of civil cases are considered for appeal. Of these 15%, half of them were appealed by the plaintiff and the other half by the defendant. Of these, even the the cases that are reconsidered, they are most of the time settled rather than re-litigated.
A case cannot be appealed just because you do not like the outcome. There would have to be evidence allowed in the case that was not admissible or a procedural issue by the judge. Absent of these, a case will not be considered for appeal.
These things do not normally happen in these types of civil cases because the evidence is what it is. There really isn't any evidence other than the documents and the fact that the tractor was sold without ballast, and the judgement was given by a jury, not the judge.
The only thing that could possibly be considered is the amount of the judgement, but I doubt that is even an issue, as I have personally have seen judgement's higher than this in these types of cases, so 5 mil is not out of the ordinary in a civil case where a younger man, and possible father, was killed in a product liability case.
I'm not saying I agree, just stating what I know and have seen. Heck, I have seen settlements higher than 5 mil.
JD, and their insurance company, may consider an appeal if they believe they have standing for an appeal, but most likely, only if they believe they can prove the judge made misleading direction to the jury. Other than that, it will stand.
The only part that depended on what court heard the case was if the appellant had to put the judgement in trust while appealing.
I did fail to include adjustment of the amount of the judgement as a capability of of the appeals court.
I do have to ask when you said pay or go to jail, who exactly would go to jail if Deere the public corporation failed to pay? In my state there is no jail option, they can suspend all state licenses, there are some contempt options against individuals for failure to appear, there are asset seizure options, but they cannot jail anyone to settle civil penalties. I have no idea what Oklahoma law is in that instance.