Kathy L. Lavoie, Formerly Known as Kathy L. Labelle v. Pac. Press & Shear Co., a Div. of Canron Corp., & Canron Corp., 975 F.2d 48 (2d Cir. 1992). · Go Syfert
Kathy L. Lavoie, Formerly Known as Kathy L. Labelle v. Pac. Press & Shear Co., a Div. of Canron Corp., & Canron Corp., 975 F.2d 48 (2d Cir. 1992). Cases Citing This Book View Copy Cite
151 citation events (94 in the last 25 years) across 22 distinct courts.
Strongest positive: CITGO Petroleum Corp. v. Ascot Underwriting Ltd. (ca2, 2025-10-28) · Strongest negative: President of Georgetown College v. Wheeler (dc, 2013-09-19)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" President of Georgetown College v. Wheeler (4×) also: Cited as authority (rule), Cited "see, e.g."
D.C. · 2013 · signal: but cf. · confidence high
But cf. Lavoie, supra, 975 F.2d at 54 (finding verdict form was a general verdict with interrogatories despite the “unusual nature” of the form used).
discussed Cited "but see" Morris v. Flaig (2×) also: Cited as authority (rule)
E.D.N.Y · 2007 · signal: but see · confidence high
Although the form contained no strictly factual questions, [the Second Circuit] described it as a Rule 49(a) verdict.” Id. (citing Brooks, 958 F.2d at 527-29); see also Crockett v. Long Island R.R., 65 F.3d 274, 278 (2d Cir.1995) (holding jury's inconsistent findings on liability and damages to be special interrogatories under Rule 49(a)); Davis v. Becker & Assocs., Inc., 608 F.2d 621, 622 (5th Cir.1979) (same); but see larvis, 283 F.3d at 56 (holding that Rule 49(a) does not apply where "the jury is required to make determinations not only of issues of fact but of ultimate liability”) (ci…
discussed Cited as authority (verbatim quote) CITGO Petroleum Corp. v. Ascot Underwriting Ltd.
2d Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury's verdict comports with the trial court's instructions.
discussed Cited as authority (verbatim quote) Countryman v. Farber (2×) also: Cited as authority (rule)
2d Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury's verdict comports with the trial court's instructions.
discussed Cited as authority (verbatim quote) Countryman v. Farber (2×) also: Cited as authority (rule)
2d Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury's verdict comports with the trial court's instructions.
examined Cited as authority (verbatim quote) Kathleen Madaline Jarvis, Individually and as a Parent and Guardian of Paul Michael Attila Jarvis, a Minor v. Ford Motor Company (8×) also: Cited as authority (rule), Cited "see"
2d Cir. · 2002 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the alleged inconsistency to which defendant points is between two general verdicts on different legal theories and not between a general verdict and responses to interrogatories. hence, the instruction given to trial courts under rule 49(b) has no application.
discussed Cited as authority (verbatim quote) Gittel Gordon v. Matthew Bender & Company, Inc.
2d Cir. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury's verdict comports with the trial court's instructions.
discussed Cited as authority (rule) Nunn v. Nestor
Colo. Ct. App. · 2026 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir. 1992))); see also Team 13 Contractors, 976 F.3d at 517 (“If the form satisfies Rule 49(b) except for not stating that the jury finds for one party, it can still be a general verdict.
cited Cited as authority (rule) Zioness Movement, Inc. v. the Lawfare Project, Inc.
2d Cir. · 2025 · confidence medium
Press & Shear Co., 975 F.2d 48, 55 (2d Cir. 1992).
discussed Cited as authority (rule) Syntel Sterling Best Shores Mauritius Limited v. The Trizetto Group, Inc. (2×) also: Cited "see"
S.D.N.Y. · 2025 · confidence medium
Press & Shear Co., a Div. of Canron Corp., 975 F.2d 48, 56 (2d Cir. 1992).2 Syntel’s Seventh Amendment argument is presented as an apparent motion to exclude evidence, but in substance is a very belated objection to the upcoming bifurcated trial on damages.
discussed Cited as authority (rule) Marina Debity v. Monroe Cnty. Bd. of Educ.
6th Cir. · 2025 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir. 1992) (holding the verdict to be a different classification than that labeled on the verdict form, and collecting cases); contra Floyd v. Laws, 929 F.2d 1390, 1396 (9th Cir. 1991) (“[T]he interrogatories . . . constituted a special verdict, simply because that is what the trial court declared them to be.”).
discussed Cited as authority (rule) Hundley v. Frunzi
2d Cir. · 2024 · confidence medium
Press & Shear Co., a Div. of Canron Corp., 975 F.2d 48, 54 (2d Cir. 1992); see also Jarvis v. Ford Motor Co., 283 F.3d 33, 56 (2d Cir. 2002) (Sotomayor, J.) (“[W]here a jury is instructed to apply legal principles and assign liability, the answers to the questions submitted to the jury are not special verdicts, despite the use of those words in the title appended to the form, and Rule 49(a) therefore does not apply.” (internal quotation marks and citation omitted)).
discussed Cited as authority (rule) Bahl v. New York Institute of Technology
E.D.N.Y · 2024 · confidence medium
Surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury's verdict comports with the trial court's instructions.'") (quoting Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 55 (2d Cir. 1992)); see also Fed.
discussed Cited as authority (rule) Bahl v. New York Institute of Technology
E.D.N.Y · 2024 · confidence medium
Surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury's verdict comports with the trial court's instructions.'") (quoting Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 55 (2d Cir. 1992)); see also Fed.
discussed Cited as authority (rule) Salamone v. Douglas Marine Corp.
2d Cir. · 2024 · confidence medium
Given 5 the strong federal interests in the finality of civil judgments and the efficient use of 6 scarce judicial resources, see, e.g., Metzler, 970 F.3d at 142; Lavoie v. Pacific Press & Shear 7 Co., 975 F.2d 48, 57 (2d Cir. 1992) ("Lavoie"), an error in a civil case is considered 8 "fundamental" only if it "deprived the jury of adequate legal guidance to reach a 9 rational decision" or was "so serious and flagrant that it [went] to the very integrity of 10 the trial." Jarvis, 283 F.3d at 62 (internal quotation marks omitted) (emphases ours); 11 see, e.g., Fabri, 387 F.3d at 121 ; Shade, 251…
cited Cited as authority (rule) Belvin v. Electchester Management, LLC
E.D.N.Y · 2023 · confidence medium
Press & Shear Co., a Div. of Canron Corp., 975 F.2d 48, 53 (2d Cir. 1992).
discussed Cited as authority (rule) Webber v. Dash
S.D.N.Y. · 2022 · confidence medium
The Second Circuit has “emphasized that failure to object to a jury instruction or the form of an interrogatory prior to the jury retiring results in a waiver of that objection.” Id. at 57 (quoting Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992)) (internal alterations and quotation marks omitted); see also Smith v. Lightning Bolt Products, 861 F.2d 363 , 370 (2d Cir.1988) (objections to the “form or substance of such questions” are waived unless the party objects prior to the jury retiring) (citing Bohack Corp. v. Iowa Beef Processors, Inc., 715 F.2d 703 , 710 n. 8 (…
cited Cited as authority (rule) Brandon v. Royce
S.D.N.Y. · 2022 · confidence medium
Press & Shear Co., 975 F.2d 48, 55 (2d Cir. 1992) (citing Fed.
cited Cited as authority (rule) Perez v. County of Rensselaer
2d Cir. · 2021 · confidence medium
Press & Shear Co., a Div. of Canron Corp., 975 F.2d 48, 55 (2d Cir. 1992).
cited Cited as authority (rule) Team Contractors, L.L.C. v. Waypoint NOLA, L.L.C.
5th Cir. · 2020 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir. 1992).
discussed Cited as authority (rule) United States Securities & Exchange Commission v. Quan
8th Cir. · 2016 · confidence medium
Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992) (“Surely litigants do not get another opportunity to. assign as error an allegedly incorrect charge simply because the jury’s verdict comports with the trial court’s. instructions.”).
cited Cited as authority (rule) Anderson Group, LLC v. City of Saratoga Springs
2d Cir. · 2015 · confidence medium
Press & Shear Co., 975 F.2d 48, 52-53 (2d Cir.1992) (explaining the differences between general and special verdicts). 8 .
discussed Cited as authority (rule) Frank C. Pollara Group, LLC v. Ocean View Investment Holding, LLC
3rd Cir. · 2015 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir. 1992) (form asking jury whether defendant was liable under each of four alternative theories constituted general verdicts *777 on different legal theories).
examined Cited as authority (rule) Rucks v. City of New York (3×) also: Cited "see, e.g."
S.D.N.Y. · 2015 · confidence medium
Press & Shear Co., 975 F.2d 48, 53 (2d Cir.1992).
cited Cited as authority (rule) Henry v. Dinelle
2d Cir. · 2014 · confidence medium
Press & Shear Co., 975 F.2d 48, 55-56 (2d Cir. 1992).
cited Cited as authority (rule) Maureen Christensen v. County of Dutchess
2d Cir. · 2013 · confidence medium
Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992) (“Failure to object to a jury instruction or the form of an interrogatory prior to the jury retiring results in a waiver of that objection.”).
cited Cited as authority (rule) United States v. Ortiz
S.D.N.Y. · 2013 · confidence medium
Press & Shear Co., 975 F.2d 48, 53 (2d Cir.1992).
cited Cited as authority (rule) Folmsbee v. Metro-North Commuter R.R. Co.
2d Cir. · 2012 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir.1992).
discussed Cited as authority (rule) HTC CORP. v. IPCom GmbH & Co., KG
Fed. Cir. · 2012 · confidence medium
Press & Shear Co., 975 F.2d 48, 56-57 (2d Cir.1992); Webb v. City of Philadelphia, 562 F.3d 256, 263 (3d Cir. 2009); Wheatley v. Wicomico County, 390 F.3d 328, 334-35 (4th Cir.2004); Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130,1144-45 (5th Cir.1981); Sigmon Fuel Co. v. Tenn. Valley Auth., 754 F.2d 162,164-65 (6th Cir.1985); Strauss v. Stratojac Corp., 810 F.2d 679, 683 (7th Cir.1987); United States v. Whitten, 706 F.2d 1000, 1012 (9th Cir.1983); Lyons v. Jefferson Bank & Trust, 994 F.2d 716, 721 (10th Cir.1993); Ferrill v. Parker Group, Inc., 168 F.3d 468, 475 (11th Cir.1999…
discussed Cited as authority (rule) Barkley v. United Homes, LLC (2×) also: Cited "see, e.g."
E.D.N.Y · 2012 · confidence medium
Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992) (“Failure to object to a jury instruction or the form of an interrogatory prior to the jury retiring results in a waiver of that objection.”); Jarvis v. Ford Motor Co., 283 F.3d 33, 56-57 (2d Cir.2002) (quoting Lavoie, 975 F.2d at 55 ).
discussed Cited as authority (rule) Cash v. Cnty. of Erie
2d Cir. · 2011 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir. 1992)); see also Mason v. Ford Motor Co., 307 F.3d 1271, 1275 (11th Cir. 2002) (“[C]ourt’s instructions to the jury on the law to be applied to the jury’s factual findings as well as the requirement that the jury apply the law and render its verdict, belie characterizing this verdict form as a special verdict.”).
discussed Cited as authority (rule) Cash v. County of Erie (2×)
2d Cir. · 2011 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir.1992)); see also Mason v. Ford Motor Co., 307 F.3d 1271, 1275 (11th Cir.2002) (“[C]ourt’s instructions to the jury on the law to be applied to the jury’s factual findings as well as the requirement that the jury apply the law and render its verdict, belie characterizing this verdict form as a special verdict.”).
discussed Cited as authority (rule) Hallinan v. Republic Bank & Trust Co.
S.D.N.Y. · 2007 · confidence medium
Surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury's verdict comports with the trial court's instructions.”), citing Lavoie v. Pacific Press & Shear Co., Div. of Canron Corp., 975 F.2d 48, 55 (2d Cir.1992). 12 .
cited Cited as authority (rule) Kauffman v. Maxim Healthcare Services, Inc.
E.D.N.Y · 2007 · confidence medium
Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992))).
discussed Cited as authority (rule) Creative Waste Management, Inc. v. Capitol Environmental Services, Inc.
S.D.N.Y. · 2007 · confidence medium
Press & Shear Co., a Div. of Canron Corp., 975 F.2d 48, 55 (2d Cir.1992) (“Failure to object to a jury instruction or the form of an interrogatory prior to the jury retiring results in a waiver of that objection.”); Gonzalez v. Bratton, 147 F.Supp.2d 180, 208 (S.D.N.Y.2001) (“City Defendants never raised the issue ... during any of the charging conferences, nor did they express any request for instructions on these issues.
discussed Cited as authority (rule) Martin T. Kosmynka and Christine Kosmynka v. Polaris Industries, Inc., Docket No. 05-3958-Cv
2d Cir. · 2006 · confidence medium
In particular, we questioned the prior caselaw of this Circuit that suggested there can be no waiver of an objection to an inconsistent jury verdict in a Rule 49(a) special verdict, see Auwood v. *86 Harry Brandt Booking Office, Inc., 850 F.2d 884, 890-91 (2d Cir.1988), while there can be such a waiver in a Rule 49(b) general verdict, see Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 54-57 (2d Cir.1992); Denny, 42 F.3d at 110-11 (holding that “the basis for a sharp distinction regarding waiver between Rule 49(a) verdicts [special verdicts] and Rule 49(b) verdicts [general verdicts] is un…
discussed Cited as authority (rule) Metron Technology Distribution Corp. v. Discreet Industries Corp.
2d Cir. · 2006 · confidence medium
R.Civ.P.; Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 54-55 (2d Cir.1992). (2) The court did not abuse its discretion in issuing a permanent injunction as to all 266 parts of the Eclipse machine to prevent any future misappropriation of TAZ’s trade secrets by defendants.
cited Cited as authority (rule) Lou Dibella and Dibella Entertainment, Inc., Plaintiffs-Appellants-Cross-Appellees v. Bernard Hopkins, Defendant-Appellee-Cross-Appellant
2d Cir. · 2005 · confidence medium
Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 54-56 (2d Cir.1992); United States Football League v. National Football League, 842 F.2d 1335, 1367 (2d Cir.1988).
cited Cited as authority (rule) Lexington Insurance v. Rounds
D. Vt. · 2004 · confidence medium
Press & Shear Co., 975 F.2d 48, 57-58 (2d Cir.1992) (quoting Beatty v. Dunn, 103 Vt. 340, 343 , 154 A. 770, 772 (1931)).
cited Cited as authority (rule) DiBella v. Hopkins
S.D.N.Y. · 2003 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir.1992).
discussed Cited as authority (rule) Gayle W. Figg, Personally and as Personal Representative of the Estate of Thomas Allen Figg, Deceased Robert L. Figg, III John Stuart Figg Martha Figg Williams Wayne Attanasio v. John A. Schroeder, Sergeant Michael J. Anthony, Sergeant, and Thomas C. Land, Individually and in His Official Capacity as Sheriff's Deputy John Does, 1-10, Consisting of Several Unidentified Hanover County Sheriff's Deputies, Individually and in Their Official Capacities as Sheriff's Deputies Winston R. Robertson Douglas R. Hines v. Stuart Cook, Individually and as Sheriff, Hanover County, Gayle W. Figg, Personally and as Personal Representative of the Estate of Thomas Allen Figg, Deceased Robert L. Figg, III John Stuart Figg Martha Figg Williams Wayne Attanasio v. John A. Schroeder, Sergeant Michael J. Anthony, Sergeant, and Thomas C. Land, Individually and in His Official Capacity as Sheriff's Deputy John Does, 1-10, Consisting of Several Unidentified Hanover County Sheriff's Deputies, Individually and in Their Official Capacities as Sheriff's Deputies Winston R. Robertson Douglas R. Hines v. Stuart Cook, Individually and as Sheriff, Hanover County, Gayle W. Figg, Personally and as Personal Representative of the Estate of Thomas Allen Figg, Deceased Robert L. Figg, III John Stuart Figg Martha Figg Williams Wayne Attanasio v. John A. Schroeder, Sergeant Michael J. Anthony, Sergeant Thomas C. Land, Individually and in His Official Capacity as Sheriff's Deputy John Does, 1-10, Consisting of Several Unidentified Hanover County Sheriff's Deputies, Individually and in Their Official Capacities as Sheriff's Deputies Winston R. Robertson Douglas R. Hines v. Stuart Cook, Individually and as Sheriff, Hanover County
4th Cir. · 2002 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir.1992), the court concluded that even were it impossible to supply the missing verdict, "the doctrine of waiver would bar Mr. Attanasio's efforts to secure a new trial." Opinion at 5.
discussed Cited as authority (rule) Figg v. Schroeder
4th Cir. · 2002 · confidence medium
Press & Shear Co., 975 F.2d 48, 54 (2d Cir.1992), the court concluded that even were it impossible to supply the missing verdict, “the doctrine of waiver would bar Mr. Attanasio’s efforts to secure a new trial.” Opinion at 5.
discussed Cited as authority (rule) Richard Rodgers Mason v. Ford Motor Co.
11th Cir. · 2002 · confidence medium
See Richards v. Michelin Tire Corp., 21 F.3d 1048, 1055 (11th Cir.1994) (with respect to each cause of action — for negligence and for wantonness — -jury issued general verdict); Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 54 (2d Cir.1992) (form asking jury whether defendant was liable under each of four alternative theories constituted general verdicts on different legal theories).
discussed Cited as authority (rule) Meacham v. Knolls Atomic Power Laboratory
N.D.N.Y. · 2002 · confidence medium
See Tuttle v. Equifax Check, 190 F.3d 9, 15-16 (2d Cir.1999); Scala v. Moore McCormack Lines, Inc., 985 F.2d 680, 684 (2d cir.1993) (holding that vessel owner waived objection to sufficiency of the evidence to support verdict for injured longshoreman by failing to renew its motion for directed verdict at close of all the evidence); Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992) (“Failure to object to a jury instruction or the form of an interrogatory prior to the jury retiring results in a waiver of that objection.”).
discussed Cited as authority (rule) Robin Shade v. Housing Authority Of The City Of New Haven
2d Cir. · 2001 · confidence medium
"Surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury's verdict comports with the trial court's instructions." Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 55 (2d Cir. 1992).
discussed Cited as authority (rule) Shade ex rel. Velez-Shade v. Housing Authority
2d Cir. · 2001 · confidence medium
“Surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury’s verdict comports with the trial court’s instructions.” Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992).
discussed Cited as authority (rule) Wright v. Wilburn (2×) also: Cited "see, e.g."
N.D.N.Y. · 2000 · confidence medium
Accordingly, “[f]ailure to object to a jury instruction or the form of an interrogatory prior to the jury retiring results in a waiver of that objection.” Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992) (“Surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury’s verdict comports with the trial court’s instructions.”); see also Barrett, 194 F.3d at 349; Fogarty, 162 F.3d at 79 .
discussed Cited as authority (rule) Bonner v. Guccione (2×)
2d Cir. · 1999 · confidence medium
None of the cases on which defendants rely suggest otherwise. 25 In Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992), the principal case on which defendants rely, the defendant failed to timely object to an instruction that resulted in an allegedly inconsistent verdict.
discussed Cited as authority (rule) Bonner v. Guccione (2×)
2d Cir. · 1999 · confidence medium
In Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 55 (2d Cir.1992), the principal case on which defendants rely, the defendant failed to timely object to an instruction that resulted in an allegedly inconsistent verdict.
discussed Cited as authority (rule) Carter v. Chicago Police Officers
7th Cir. · 1998 · confidence medium
Co. v. Sam Brown Co., 19 F.3d 1259, 1266 (8th Cir.1994); Lavoie v. Pacific Press & Shear Co., 975 F.2d 48, 54 (2d Cir.1992), we have never specifically endorsed such a view, see, e.g., Will v. Comprehensive Accounting Corp., 776 F.2d 665 , 678 n. 6 (7th Cir.1985) (noting that the question of waiver with respect to inconsistent general verdicts remains open); but see Timm v. Progressive Steel Treating, Inc., 137 F.3d 1008, 1010 (7th Cir.1998) (stating that "if the [inconsistent] verdicts cannot be reconciled, the whole case must be retried....
Retrieving the full opinion text from the archive…
Kathy L. LAVOIE, Formerly Known as Kathy L. LaBelle, Plaintiff-Appellee,
v.
PACIFIC PRESS & SHEAR COMPANY, a DIVISION OF CANRON CORP., and Canron Corp., Defendants-Appellants
1132, Docket 91-7774.
Court of Appeals for the Second Circuit.
Sep 10, 1992.
975 F.2d 48
1992 U.S. App. LEXIS 21262
Frederick S. Lane, III, Burlington, Vt. (Robert H. Erdmann, Dinse, Erdmann & Clapp, of counsel), for defendants-appellants., Robert G. Cain, Burlington, Vt. (Christopher J. McVeigh, Paul, Frank & Collins, Inc., of counsel), for plaintiff-appellee.
Newman, Cardamone, Sand.
Cited by 99 opinions  |  Published
CARDAMONE, Circuit Judge:

This appeal presents a question of waiver. After a young industrial worker suffered a severe injury caused by the equipment she was operating, she sued and obtained a substantial verdict at the hands of a jury. The equipment maker asserts for the first time on appeal that written questions and a verdict form submitted by the trial judge and responded to by the jury resulted in an inconsistency that entitles it to a new trial. Because defendant had ample opportunity — as well as notice of the possible inconsistency to which it presently objects — throughout the entire trial proceedings from pre-trial conference to judgment, yet failed to speak, it must now be ruled that it should hold its peace.

Defendants Pacific Press & Shear Company (Pacific) and Canron Corp., its corporate parent (collectively Pacific or defendant), appeal from a judgment of the United States District Court for the District of Vermont (Coffrin, J.) entered following a jury verdict finding defendants liable for negligently injuring plaintiff Kathy Lavoie during her course of employment with the General Electric Company (GE). While operating a hydraulic brake press used for sheet metal forming, plaintiffs left hand was crushed, resulting in the loss or partial loss of three fingers and the loss of use of a fourth finger. The jury found in response to written questions submitted by the court that Pacific was not strictly liable and had not breached a warranty of merchantability or a warranty of fitness for a particular purpose. But in answering the same submitted questions, it did find Pacific negligent and held it liable for 85 percent of plaintiffs injuries. The jury awarded her $412,250 in damages. Insisting the answers to the interrogatories are irreconcilably inconsistent and that the verdict is not supported by the evidence, Pacific brings the present appeal seeking a new trial. We affirm.

BACKGROUND

On February 13, 1985, Kathy LaBelle Lavoie, an employee of GE in Burlington, Vermont, was assigned to operate a hydraulic press brake that was designed, manufactured, and sold by Pacific Press, a division of Canron Corporation. She had recently finished GE’s two year apprentice program and had become a full-time hourly machine operator in the company’s sheet metal fabrication facility, though with only 25 hours experience operating defendant’s press brake.

[*51] The events surrounding the accident are not fully known because there were no witnesses and Lavoie experienced traumatic amnesia as a result of her injuries. Coemployees who observed Lavoie operating the press brake stated she was operating the machine carefully and in a normal fashion prior to the accident. They said they heard her suddenly scream and found her collapsed at the machine with her left hand crushed between its “jaws”. After she was released from the machine and was waiting for medical attention, Lavoie told them she had “tripped and kicked it,” probably meaning she had accidently triggered the foot pedal, the sole means of activating the press brake. The location of injuries on Lavoie’s hand indicated she might have tripped and caught it in the tooling area of the machine as she attempted to break her fall. The manager of safety at the GE plant tested the machine immediately after the accident and found it functioning properly. Lavoie, who was 21 years of age at the time, incurred medical and hospital expenses in the amount of $34,745.28 and lost $36,724.95 in wages. She has since resumed her employment with GE in a salaried manufacturing posh tion in the materials purchasing department.

Pacific sold the model J110-8 hydraulic press brake to GE in 1972. It is capable of exerting up to 110 tons of compressive pressure in its tooling area, and is designed to accept a variety of tool and die shapes, permitting it to form an almost infinite number of different shapes of metal. Allegedly because Pacific could not predict what applications GE sought for its machine, it was delivered without safety equipment. The press brake was actuated solely by a foot pedal whose entry port had no guard. Its unguarded entry port permitted the machinery to be accidentally started by the inadvertent entry of foreign objects or by an operator’s foot. And, because the foot pedal was attached to the machine by a long, flexible cable, it could be positioned adjacent to the machine as well as at a distance far from it.

GE was not an expert in equipping press brakes with safety devices, and had little experience in retrofitting such machines. In 1983 it added three safety devices to the press brake, two of which were not favored or used by employees because they were either inadequate or hazardous themselves. The third was a “light curtain”, a device that could sense a foreign object — such as a person’s hand or arm — within the tooling area and would stop the machine. The light curtain GE installed was not integrated with the press brake’s power supply, a condition that permitted operation of the machine without the use of the safety device. After the accident, this safety device was found to be functioning properly but apparently was not in operation at the time of the accident.

Plaintiff presented evidence at. trial showing that, even without knowing the particular uses a customer planned for Pacific’s press brake, it was economically and technologically feasible for defendant at the time of the sale to equip the machine with numerous safety devices recognized in the industry, ones that were provided by other manufacturers on similar machines. For example, Pacific’s press lacked an operator handle bar designed to help the operator maintain her balance; it had no emergency stop switch; and its foot control pedal design did not include a device to prevent accidental activation by the operator. In each case, plaintiff’s proof showed the safety devices had been identified in the industry as recommended minimum safety standards in its American National Standard Safety Requirements.

Lavoie also claimed two other safety devices were economically and technologically feasible and did not depend on the particular use a customer planned for the press brake. Dual hand controls were recognized in the industry as effective means for activating the machine while preventing an operator’s hands from entering the tooling area during the machine’s cycle. An “interlocked” light curtain also could have been included with the machine. An interlocked light curtain is one that is electrically integrated with the press brake itself; as such, the machine cannot operate when the light curtain is turned off.

[*52] Lavoie offered considerably more evidence, including the fact that despite Pacific’s statements to the contrary, the press had no safety devices and did not comply with OSHA regulations. Further evidence relating to the post-sale duty to warn issue was presented reflecting that defendant was aware of at least 33 similar accidents involving severe injuries to the hands of operators using its hydraulic press brake, 22 of which resulted in litigation, and all of which occurred prior to Lavoie’s accident. Despite this knowledge, Pacific never contacted GE to warn it of the dangers its machine posed, to inquire into the adequacy of GE’s selection of retrofitted safety devices, or to advise GE of the availability of improved safety devices meeting industry standards and the functional limitations of other safety devices considered inadequate by the industry.

Plaintiff filed suit in the District of Vermont in February 1989 alleging defendants were liable in strict liability for selling a product that was unreasonably dangerous, for breach of implied warranty of merchantability and breach of implied warranty of fitness for a particular purpose, and for negligence. A trial on the merits was held from May 14-25, 1991. At the conclusion of the trial, following a precharge conference, the jury was instructed on the law pertaining to these four alternative theories of liability. The trial court instructed the jury specifically on the theory of negligence as separate and independent from the strict liability and the two warranty theories. No objection was made by defendant at the charging conference or during the charge itself regarding any inconsistency between the different theories of liability, nor did defendant interpose an objection respecting the submission of separate interrogatories and separate general verdict forms to the jury pertaining to each theory.

Although the jury found Pacific not liable for breach of either warranty or on grounds of strict liability, it found both plaintiff and defendant negligent and assigned 85 percent of the liability, or $412,-250 in damages, against defendant. Subsequent to the verdict, the jurors were individually polled, and a bench conference was held with counsel. Again, inconsistency of the verdicts was not raised on any of these occasions.

After the jury was discharged and before the judgment was entered, defendant moved on May 30, 1991 for judgment notwithstanding the verdict or, in the alternative, for a new trial. Pacific declared that insufficient evidence supported the jury’s finding of negligence on defendant’s part, the evidence plainly showed the conduct of GE’s employees was an efficient intervening proximate cause, and the verdict was the product of jury sympathy. Once again, no objection on the ground of inconsistency was noted. The trial court denied these motions.

DISCUSSION

On defendant’s appeal from the $422,-536.35 judgment, it challenges for the first time the verdicts the jury handed down as irreconcilably inconsistent. It contends, therefore, negligence is entirely subsumed by breach of warranty and strict liability. Findings of no liability under either of those theories require, as a matter of law, a finding of no negligence on its part as the seller. Defendant alternatively contends the evidence adduced at trial is insufficient as a matter of law to support a finding of negligence.

I SPECIAL VERDICTS OR A GENERAL VERDICT

The parties disagree whether the forms submitted to the jury called for special verdicts, as contemplated by Fed.R.Civ.P. 49(a), or a general verdict accompanied by written answers to interrogatories, as contemplated by Fed.R.Civ.P. 49(b). The trial court submitted two sets of forms to the jurors for their use in reporting their decisions. First, on a form with “Special Verdict” printed across the top, the jury was asked whether defendant breached either of the two implied warranties, whether it was strictly liable, whether it or plaintiff was negligent, whether any of these findings were a proximate cause of plaintiff’s[*53] injuries, and what percentage of contribution and amount of damages was attributable to each cause of the injuries. The trial court also requested the jury to complete a second form labeled “Verdicts” that asked whether defendant was liable to plaintiff under each of the four alternative theories and for what amount.

Rule 49 of the Federal Rule of Civil Procedure states that a trial court may request from a jury a special verdict or a general verdict accompanied by answers to interrogatories. Under Rule 49(a) special verdicts are described as “a special written finding upon each issue of fact.” A general verdict accompanied by answers to interrogatories, provided for in Rule 49(b), permits a jury to make written findings of fact and to enter a general verdict. The distinction between the two provisions is that under Rule 49(a) the jury answers primarily factual questions for the benefit of the trial court which then applies the law to those answers. Under Rule 49(b), the jury after being fully instructed answers the interrogatories, renders a general verdict and the trial court enters judgment on the jury’s verdict. See 5A Moore’s Federal Practice 111149.02, 49.03[3].

In this case, the trial court’s first set of forms called for answers to specific questions that would have served as either special verdicts, as contemplated by Rule 49(a), or answers to interrogatories, as contemplated by Rule 49(b). But the second set of forms was a hybrid; it did not offer the jurors only the ultimate choice normally called for by a general verdict — the defendant is liable to the plaintiff for a specified amount of damages, or the defendant is not liable to the plaintiff. Instead, it purported to ask for general verdicts on different theories of liability. Since the jury’s fact-finding with respect to the different theories of liability was already properly elicited by the first set of detailed questions, the jurors should have been asked on the general verdict form only whether the defendant was liable to the plaintiff, and, if so, what damages are awarded. Despite the somewhat unusual nature of the general verdict forms submitted to the jury, it is apparent that the trial judge was endeavoring to use the provisions of Rule 49(b) and was seeking a general verdict accompanied by answers to interrogatories.

Although Rule 49(a) provides no instructions to the trial court for resolving jury inconsistencies in its special verdicts, we have held that judgment may not be entered pursuant to inconsistent special verdicts. See Auwood v. Harry Brandt Booking Office, Inc., 850 F.2d 884, 890-91 (2d Cir.1988). Rule 49(b) instructs the trial court how to proceed when there are inconsistencies between the answers to the interrogatories and the general verdict. “When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.” Fed.R.Civ.P. 49(b); see also Schaafsma v. Morin Vermont Corp., 802 F.2d 629, 634 (2d Cir.1986).

Where there are seeming inconsistencies between interrogatory responses and a general verdict, a trial court should normally attempt to reconcile them. When the verdicts are not capable of reconciliation and resubmission of the determinations for reconsideration or clarification is not possible because the jury has been discharged, a new trial may be — but is not always — required. See, e.g., Machleder v. Diaz, 801 F.2d 46, 57-58 (2d Cir.1986) (seemingly inconsistent verdicts should be reconciled if possible), cert. denied, 479 U.S. 1088, 107 S.Ct. 1294, 94 L.Ed.2d 150 (1987); Henry v. A/S Ocean, 512 F.2d 401, 405-06 (2d Cir.1975) (same); Globus v. Law Research Service, Inc., 418 F.2d 1276, 1289-1290 & n. 17 (2d Cir.1969) (though inconsistency might have warranted a new trial ordered by district court, it may nonetheless stand on appeal), cert. denied, 397 U.S. 913, 90 S.Ct. 913, 25 L.Ed.2d 93 (1970); United States Football League v. National Football League, 644 F.Supp. 1040, 1045-46 (S.D.N.Y.1986) (consistent verdicts in separate claims not required), aff'd, 842 F.2d 1335 (1988).

[*54] The charge to the present jury required that it consider the necessary legal principles given to it by the trial court and make determinations of ultimate liability. In such case, the answers to the questions submitted to the jury are not special verdicts, despite the use of those words in the title appended to the form, and Rule 49(a) therefore does not apply. See Stanton By Brooks v. Astra Pharmaceutical Products, Inc., 718 F.2d 553, 574-75 (3rd Cir.1983) (though labeled special questions, jury rendered general verdicts with written interrogatories when it made findings of ultimate liability); Ressler v. States Marine Lines, Inc., 517 F.2d 579, 582 (2d Cir.), cert. denied, 423 U.S. 894, 96 S.Ct. 193, 46 L.Ed.2d 126 (1975); United States v. Diapulse Manufacturing Corp. of America, 389 F.2d 612, 614-15 (2d Cir.) (where accompanied by general verdict, even specific questions of fact submitted to jury are not special verdicts but rather written interrogatories), cert, denied, 392 U.S. 907, 88 S.Ct. 2059, 20 L.Ed.2d 1365 (1968). Further, the alleged inconsistency to which defendant points is between two general verdicts on different legal theories and not between a general verdict and responses to interrogatories. Hence, the instruction given to trial courts under Rule 49(b) has no application.

II WAIVER

A. Defendant’s Conduct

In any event, we think defendant waived its challenge to the jury verdict as inconsistent. It had ample opportunity to raise its objection to the alleged inconsistency and the course of the trial proceedings put it on notice that an inconsistency might arise. At a bench conference before the parties made their opening statements, Judge Coffrin noted the potential for inconsistencies between the four theories of recovery plaintiff alleged. He commented on the overlapping nature of the alternative theories again on the last day of trial. The instructions he gave the jury were discussed in detail with counsel at a precharge conference and at the bench just prior to the actual charge. Counsel were well aware of the content of the verdict forms submitted to the jury, including the separate questions relating to the four alternative theories.

After the jury returned its verdict, the district court polled the jurors individually and held a brief conference at the bench prior to the jury’s discharge during which aspects of the verdict were discussed with counsel. Post trial motions were filed on May 30, 1991 and a hearing held on them on July 15, 1991. At no time throughout all these proceedings did defendant’s counsel suggest the possibility that the verdicts rendered were inconsistent. As already stated, this issue was raised for the first time on the instant appeal. Seeking to avoid having its challenge to the jury’s verdicts barred by the doctrine of waiver, defendant advances tactical trial reasons for its failure to object, and relies as well on our prior case law.

B. Tactical Reasons

Vermont permits strict liability and negligence to be presented to juries as alternative theories of recovery, see, e.g., Brennen v. Mogul Corp., 557 A.2d 870, 870-72 (1989), though no court in Vermont has ruled specifically on whether negligence is subsumed within the theory of strict liability, that is, whether a finding of negligence but a finding of no strict liability are inconsistent with one another. Defendant asserts it had no reason therefore to object to the form of the jury charge because findings of strict liability but no negligence— the opposite of which is presently before us — are not inconsistent. The jury instructions and questions submitted on the verdict form do not support defendant’s position. Both expressly provided that the jury might find Pacific was negligent but not strictly liable.

For instance, in his instructions Judge Coffrin stated: “[wjhether or not you find Defendant Pacific strictly liable you must go on to consider the Plaintiff’s next claim against Pacific, the claim that Pacific was negligent.” Defendant’s proffered excuse for not objecting to the charge would only make sense logically if the district court had given a charge in the reverse order:[*55] “if you find defendant not strictly liable, you must also find it not negligent. On the other hand whether or not you have already found defendant negligent you may go on to determine whether it is strictly liable.” In addition, in both verdict forms, the jury is asked to determine whether defendant was negligent after it has first determined if defendant was strictly liable. Again, defendant’s reason for failing to object would make sense only if the questions posed to the jury were in reverse order.

Failure to object to a jury instruction or the form of an interrogatory prior to the jury retiring results in a waiver of that objection. Fed.R.Civ.P. 51; Hagelthorn v. Kennecott, 710 F.2d 76, 85 (2d Cir.1983). Surely litigants do not get another opportunity to assign as error an allegedly incorrect charge simply because the jury’s verdict comports with the trial court’s instructions. See Lopez v. Oldendorf 545 F.2d 836, 839 (2d Cir.1976) (objection to allegedly inconsistent verdicts waived when party failed to object to charge which instructed jury “you must consider and make a separate determination as to this second or alternative theory no matter how you decide the [first] theory”), ce rt. denied, 431 U.S. 938, 97 S.Ct. 2650, 53 L.Ed.2d 256 (1977).

C. Prior Case Law

Contending that in this Circuit the possibility of a party waiving its right to challenge the consistency of verdicts has been rejected, Pacific cites Finnegan v. Fountain, 915 F.2d 817 (2d Cir.1990), Auwood, 850 F.2d 884, and Schaafsma, 802 F.2d 629. Auwood involved an objection to inconsistent special verdicts made after the jury was discharged but before the trial court entered judgment. We held that objections to the verdict made after a jury is discharged are not waived and require the trial court to attempt to reconcile the verdicts before ordering a new trial. See 850 F.2d at 891. Ultimately, we reconciled the verdicts and affirmed the award. Id. at 893.

In Schaafsma, allegedly inconsistent interrogatories not objected to until post-trial motions nevertheless were also found reconcilable. Although the failure to object before the jury was discharged was accorded “some weight” on appeal, we noted Rule 49(b) required the trial court to order a new trial in the event the interrogatories could not be reconciled, even when no objection had been made. 802 F.2d at 634-35. Neither Auwood nor Schaafsma cited Haskell v. Kaman Corp., 743 F.2d 113 (2d Cir.1984), where we declared no new trial was required to reconcile inconsistent verdicts under Rule 49(b) if the objecting party failed to make known its complaint before the jury was discharged. Id. at 123. See also United States Football League v. National Football League, 842 F.2d 1335, 1367 (2d Cir.1988) (“failure to bring alleged inconsistencies in the verdict sheet to the court’s attention before the jury has been discharged waives the right to have the alleged inconsistencies remedied in a new trial”). Compare also 5A Moore’s Federal Practice ¶ 49.04 (failure to timely object results in waiver) with Wright & Miller, Federal Practice and Procedure § 2513 (when jury returns inconsistent verdict, judgment may not be entered; waiver not recognized).

To hold that defendant has waived its opportunity to object to the alleged inconsistent verdicts in the present case does not undermine Auwood or Schaafsma. The fact that defendant never objected before the trial court entered judgment distinguishes this case. Nor is today’s holding contrary to Finnegan, for there we simply determined that an appellate court — confronted with potentially inconsistent special verdicts unnoticed by the parties and the trial court — had the power to review the judgment and order a new trial. 915 F.2d at 820-21. That the appellate court has the power to review a judgment entered pursuant to inconsistent findings of fact is not the same as saying it is required to reconcile allegedly inconsistent verdicts. In Finnegan we elected, sua sponte, to exercise our discretion and review the judgment and order a new trial due to inconsistent special verdicts. Defendant’s strategic reasons[*56] and citation of prior case-law do not persuade us to overlook its conduct.

D. Seventh Amendment Implications

Carefully considering constitutional implications and pertinent policy arguments also fail to change our view that there has been a waiver here. Federal appellate courts generally will not reach non-jurisdictional issues not raised below and may decide, within their sound discretion, which prudential matters may be reviewed for the first time on appeal. Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 2876, 49 L.Ed.2d 826 (1976). See also Yee v. City of Escondido, — U.S. -, -, 112 S.Ct. 1522, 1531, 118 L.Ed.2d 153 (1992); Hormel v. Helvering, 312 U.S. 552, 556, 61 S.Ct. 719, 721, 85 L.Ed. 1037 (1941). That Seventh Amendment considerations may be raised by the entry of inconsistent verdicts does not require us to entertain the objection on appeal.

In suits at common law, the Seventh Amendment declares that “no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” When a judgment is entered pursuant to inconsistent findings of fact — such as special verdicts or answers to interrogatories — the trial court necessarily is sanctioning one factual finding at the expense of its inconsistent counterpart. Thus, Seventh Amendment implications of re-examination by the court of a jury finding of fact are raised. But when a court enters judgment pursuant to inconsistent verdicts — without contradictory factual findings by the jury— the same unconstitutional re-examination of the jury’s factual determinations is not present.

Moreover, objections raising constitutional protections may be waived or “forfeited” see, e.g., LaFave & Isreal, Criminal Procedure §§ 11.3(c) n. 7, 26.5(c) n. 13, in the same manner as lesser objections, for instance, those of a procedural nature. See, e.g., Yee, — U.S. at-, 112 S.Ct. at 1531 (substantive due process questions waived for failure to raise below); United States v. Benitez, 920 F.2d 1080, 1087-88 (2d Cir.1990) (evidentiary challenges claimed to raise Sixth Amendment Confrontation Clause implications waived); United States v. Colon, 905 F.2d 580, 588 (2d Cir.1990) (6th Amendment right to counsel claim waived); United States v. Torres, 901 F.2d 205, 228 (2d Cir.) (objection to jury instruction under the Ex Post Facto Clause may be waived), cert. denied, — U.S. -, 111 S.Ct. 273, 112 L.Ed.2d 229 (1990). Thus, to whatever extent inconsistent verdicts raise such implications, the Seventh Amendment right to a jury trial clearly may also be waived. See Fed.R.Civ.P. 38(d); Hodges v. Easton, 106 U.S. 408, 412, 1 S.Ct. 307, 310, 27 L.Ed. 169 (1882).

Further, as an adjunct to the fair administration of justice, courts sometimes entertain a challenge where a litigant had an insufficient opportunity to raise an objection before the trial court. Given the abundant opportunities defendant had, even after the jury was discharged, it may not avail itself of this policy exception from the waiver rule. Nor do we think this case presents so plain an error that it should be entertained in order to prevent a miscarriage of justice. Pacific’s own failure to question the reconcilability of the verdicts, as well as the trial court’s failure to do so, indicate the subtle, rather than plain, nature of the alleged error. As earlier noted, consistency between verdicts is not always required. See, e.g., Dunn v. U.S., 284 U.S. 390, 393, 52 S.Ct. 189, 190, 76 L.Ed. 356; Globus, 418 F.2d at 1290 n. 17; Malm v. United States Lines Co., 269 F.Supp. 731, 731-32, & nn. 1 & 2 (S.D.N.Y.1967) (provided challenged verdict is supported by facts and law, jury entitled to “idiosyncratic,” though inconsistent, verdicts).

In addition, Vermont courts permit plaintiffs to bring alternative claims of strict liability and negligence, and have not ruled that strict liability necessarily subsumes negligence. In fact, other courts are divided on the issue of whether a finding of negligence and a finding of no strict liability are inconsistent. Compare, e.g., Randall v. Warnaco, Inc., Hirsh-Weis Div., 677 F.2d 1226, 1231-32 & n. 5 (8th Cir.1982) (findings of no strict liability but[*57] negligence not necessarily inconsistent) with Witt v. Norfe, Inc., 725 F.2d 1277, 1280 (11th Cir.1984) (same findings inconsistent); Werner v. Upjohn Co., Inc., 628 F.2d 848, 860 (4th Cir.1980) (same), cert. denied, 449 U.S. 1080, 101 S.Ct. 862, 66 L.Ed.2d 804 (1981). We think the interests of finality and efficient use of scarce judicial resources, as well as the strong risk of strategic abuse by litigants, see, e.g., Strauss v. Stratojac Corp., 810 F.2d 679, 683 (7th Cir.1987); Mclsaac v. Didriksen Fishing Corp., 809 F.2d 129, 133 (1st Cir.1987), militate against our reaching defendant’s objection regarding the alleged inconsistent verdicts that it raises for the first time on appeal.

Ill

Defendant’s second contention is that insufficient evidence was presented at trial to support the jury finding of negligence. To begin, defendant contends plaintiff failed to present enough evidence to support a finding that it breached a post-sale duty to warn. It also asserts the conduct of Lavoie’s co-workers constituted an efficient intervening cause of her injuries which relieved it of any liability. Neither argument is persuasive.

Pacific attempts to limit review of the evidence supporting a negligence claim by suggesting we consider only that theory of negligence that might co-exist with a finding of no strict liability. Having already determined that Pacific waived its objection based on an inconsistency, if any, in the verdicts, our review is not limited to the sufficiency of the evidence of that theory of negligence which is reconcilable with a finding that the manufacturer is not strictly liable. Instead, we review the evidence under the general and much broader theory of negligence: whether Pacific, as manufacturer of the press brake, failed to employ that degree of care, both during and after the sale, that a reasonably 'prudent manufacturer would have taken under similar circumstances.

Defendant’s burden in this regard is a substantial one. In Vermont, only verdicts that are not “justified by ‘any reasonable view of the evidence’ ” will be overturned. See Claude G. Dern Electric, Inc. v. Bernstein, 144 Vt. 423, 479 A.2d 136, 138 (1984) (quoting Crawford v. State Highway Board, 130 Vt. 18, 285 A.2d 760, 764 (1971)). A jury finding of negligence will be preserved unless reasonable persons reviewing .the record, construed in favor of the prevailing party, Bernstein, 479 A.2d at 138, could not draw different conclusions and would reach a different result. Tufts v. Wyand, 148 Vt. 528, 536 A.2d 541, 541-42 (1987). Federal law applies a similar standard. See Mattivi v. South African Marine Corp., “Huguenot”, 618 F.2d 163, 169 (2d Cir.1980). The record reveals an ample basis for the finding of negligence by Pacific, and we therefore need not select between federal and state standards. See Simblest v. Maynard, 427 F.2d 1, 4-5 (2d Cir.1970); 5A Moore’s Federal Practice It 50.06 (2d ed. 1992).

Defendant contends further that a finding of negligence against it may not stand because it was not a proximate cause of plaintiff’s injuries. Pacific points to testimony that Lavoie would not have been injured if her co-workers had not turned off. the non-integrated light curtain which GE had installed to protect operators of the machine. The alleged negligence of plaintiff’s co-workers constituted, defendant continues, an efficient intervening cause of the injuries, making any negligence by defendant merely a contribution to but not a cause of the accident. We disagree.

Like the predicate question of negligence, the issue of proximate cause is one for the jury, Tufts, 536 A.2d at 541, and nonprevailing parties who seek to challenge such findings face similar substantial burdens. Id.; see also Roberts v. State of Vermont, 147 Vt. 160, 514 A.2d 694, 695-96 (1986). The law in Vermont makes clear that more than one act of negligence, each contributing to produce a harm, may be a concurring proximate cause. Tufts, 536 A.2d at 542. Proximate cause requires a causal connection between the act for which defendant is responsible and the resulting flow of injurious consequences. Rivers v. State of Vermont, 133 Vt. 11, 328 A.2d 398, 400 (1974). If negligent conduct by a third person was a foreseeable consequence that, “in the eye of the law, the[*58] person charged was bound to anticipate, the causal connection is not broken.” Beatty v. Dunn, 103 Vt. 340, 154 A. 770, 772 (1931); see also Patón v. Sawyer, 134 Vt. 598, 370 A.2d 215, 217 (1976). Defendant must anticipate the creation of danger to others through the negligent acts of third persons acting on its own negligence. “The duty is to foresee, and the defendant will not be excused because of a failure to anticipate what he was bound to comprehend as a possible consequence.” Paton, 370 A.2d at 217. “[I]f the initial negligence creates a situation making it likely that some other force or action will occur and bring about harm, responsibility remains with the original actor.” Dodge v. McArthur, 126 Vt. 81, 223 A.2d 453, 455 (1966). Our review of the jury instruction reveals that the trial court properly instructed the jury on Vermont’s law of intervening proximate cause.

Once again defendant fails to sustain its heavy burden for overturning findings of the jury, this time that defendant’s negligence was a proximate cause of plaintiff’s injuries. Sufficient evidence is present in the record that supports the finding that Pacific should have anticipated, first, that GE would install a light curtain that was not integrated with the power supply to the press brake and, second, that a GE employee might turn on the press brake without using the light curtain. Reasonable persons could conclude that GE, a company not in the business of equipping press brakes with safety devices, might have become aware of the danger posed by the brake press but nevertheless failed adequately to retrofit the machine due to its own inexperience. Such a failure on GE’s part would not work to absolve defendant of liability if Pacific should have anticipated that GE’s efforts would not be adequate. Similarly, the jury could reasonably conclude it was foreseeable that operators of the press brake might improperly use the machine without the aid of the light curtain if it were not integrated with the machine. This apparent likelihood is best explained by the industry practice of integrating light curtains with the power supplies of the press brakes so operation of one without the other is impossible.

In determining whether defendant’s original negligence was a proximate cause of plaintiff’s injuries, the jury was not limited to considering the circumstances of the light curtain. It could reasonably have concluded the failure to include an employee handle bar, an emergency stop switch, and an adequately guarded foot pedal positioned at a safe distance from the machine were also concurring proximate causes of the accident. Testimony at trial indicated the presence of any of these devices might have prevented the accident.

Thus, the failure by GE to retrofit the press brake with safety devices and the failure of plaintiff's co-workers to turn on the light curtain are not efficient intervening proximate causes of plaintiff's injuries. Pacific’s original negligence was not merely a contribution to the accident, but was the proximate cause of Lavoie’s injuries. Responsibility remains with it as the original actor. On that basis, the verdict of the jury must be affirmed.

CONCLUSION

Judgment affirmed.