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Bell v. Bayerische Motoren Werke Aktiengesellschaft, NO. B204184

By FindLaw Staff on February 05, 2010 2:31 PM

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.     

Read  Bell v. Bayerische Motoren Werke Aktiengesellschaft, NO. B204184 [HTML]

Read  Bell v. Bayerische Motoren Werke Aktiengesellschaft, NO. B204184 [PDF]

Appellate Information

Filed February 4, 2010

Judges

Opinion by Judge Croskey

Counsel
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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