Bell v. Bayerische Motoren Werke Aktiengesellschaft, NO. B204184
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.
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Filed February 4, 2010
Opinion by Judge Croskey
For Appellant: Engstrom, Lipscomb & Lack, Lee G. Lipscomb, Robert J. Wolfe, Daniel G. Whalen and Gregory P. Waters
For Appellee: Lewis Brisbois Bisgaard & Smith, Roy M. Brisbois, Raul L. Martinez and Steven E. Meyer
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