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Court Throws Out Keyboard Injury Verdict Against Digital

Digital Computer won't pay damages to RSI sufferer who used one of its keyboards.

By James Niccolai, PCWorld   

The U.S. Court of Appeals for the Second District in New York determined that a videotape the plaintiff's lawyers submitted should not have been shown to the jury, Digital spokesperson Ed Canty said. The videotape, which Apple Computer made for internal company use, highlights a possible link between keyboard use and RSIs, he said.

Digital was unable to say whether a retrial had been set for the case, and lawyers for the plaintiff, Jeanette Rotolo, could not immediately be reached.

Rotolo was among three women who in December 1996 were awarded damages totaling $5.9 million by a U.S. District Court in Brooklyn for injuries allegedly arising from use of Digital keyboards. Digital appealed all three of the cases, two of which the courts have since overturned.

Digital officials are predicting a similar outcome for the remaining lawsuit.

"We remain convinced that these cases are without merit and that our products are safe," said Canty, reading from a company statement. "We will vigorously defend that position in the event of a retrial."

Even if Digital prevails in the Rotolo case, the company won't be out of the woods as far as keyboard lawsuits go.

"We still have a number of keyboard liabilities pending, as does every other keyboard manufacturer," Canty said. "Given the lack of plaintiff success and rejection of these claims by the courts and juries, the number of cases is rapidly decreasing."