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26. How should the court proceed?
The jury returned a verdict for the homeowner. The manufacturer asked the court to poll the jury, and the poll revealed a 4 to 3 vote in favor of the homeowner. The manufacturer objected to the verdict and has moved for a new trial.
A homeowner brought a federal diversity action against a manufacturer of gas grills, asserting products liability claims and seeking damages for injuries she had suffered when her grill exploded as she was lighting it. The manufacturer timely demanded a jury trial, and the court informed the parties that it would seat a seven-person jury. The parties agreed to a non-unanimous jury verdict.
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B is incorrect. There is no need for the jury to deliberate further because both parties agreed to a non-unanimous verdict.
C is incorrect. There is no requirement that a jury verdict be agreed to by at least six jurors.
D is incorrect. The manufacturer's motion for a new trial should be denied because both parties agreed to a non-unanimous verdict under FRCP 48.