D'Ascanio v. Toyota Indus. Corp.
Annotate this CasePlaintiffs, Emilio and Maria D'Ascanio, filed an action for damages incurred as a result of personal injuries sustained by Emilio when he was operating a forklift designed, manufactured, and distributed by Defendants. Plaintiffs claimed that defects in the forklift proximately caused Defendant's injuries. During trial, Plaintiffs' expert witness presented testimony by showing a video of a forklift that was not the same model involved in this case. The trial court struck the testimony the expert had given and precluded him from testifying further. The trial court subsequently denied Plaintiffs' motions for a mistrial and a continuance. The court then granted a directed verdict for Defendants on the basis that Plaintiffs had not presented expert testimony that the forklift was defective. The appellate court reversed. The Supreme Court affirmed, holding that because Plaintiffs' conduct did not constitute a pattern of abuse so egregious as to warrant dismissal, the appellate court properly determined the trial court's rulings, considered in their entirety, constituted an abuse of discretion.
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