California Court of Appeal

In plaintiff's action against an automobile maker for negligence and products liability for severe injuries when he lost control of his BMW Z3 roadster convertible on a freeway, judgment of the trial court granting plaintiff's new trial motion but denying a motion for judgment notwithstanding the verdict is affirmed in part and reversed in part where: 1) the trial court prejudicially erred by granting a new trial based on inadmissible statements in juror declarations; 2) the record does not justify a new trial on the grounds stated by the trial court; 3) the new trial order cannot be affirmed on other grounds; and 4) plaintiffs have shown no prejudicial error in the judgment.

Appellate Information

• Decided 02/04/2010
• Published 02/04/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Engstrom, Lipscomb & Lack, Lee G. Lipscomb, Robert J. Wolfe, Daniel G. Whalen and Gregory P. Waters for Plaintiffs and Appellants.


• For Appellees:
  
• Lewis Brisbois Bisgaard & Smith, Roy M. Brisbois, Raul L. Martinez and Steven E. Meyer for Defendants and Appellants.