Bavlsik v. General Motors, No. 16-1491 (8th Cir. 2017)
Annotate this CasePlaintiff filed suit against GM after was involved in an accident where he sustained a cervical-spinal cord injury that rendered him a quadriplegic. Plaintiff was in a GMC Savana van and, although he had his seatbelt on during the time of the crash, it did not prevent him from hitting his head on the roof of the van when the vehicle rolled over. The jury found GM negligent for failing to test the van and such negligence caused plaintiff's injuries. The district court then granted GM's renewed motion for judgment as a matter of law (JML) and set aside the verdict. The trial court also conditionally granted a new trial solely as to damages. The Eighth Circuit reversed the district court's judgment as to the motion for JML and held that there was legally sufficient evidence for a reasonable jury to find GM liable for negligent design, specifically for failing to conduct adequate testing. The court affirmed the conditional grant of a partial new trial on damages.
Court Description: Riley, Author, with Gruender, Circuit Judge, and Gritzner, District Judge] Civil case - Products liability. The district court erred in granting the defendant's motion for judgment as a matter of law on the failure-to-test portion of plaintiff's negligent-design claim as plaintiffs' evidence regarding duty, breach, causation and damages was sufficient to support the jury's verdict; the court is not convinced the record so clearly demonstrated a compromise verdict that the district court abused its discretion in not recognizing as much, and it did not abuse its discretion in conditionally granting a partial new trial on plaintiff Bavlsik's future damages and on plaintiff Skelly's damages, past and future, and in rejecting defendant's argument that a compromise verdict required a new trial on both liability and damages.
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