US Court of Appeals for the Fifth Circuit Opinions - Shoultz Law Trial Attorneys - Provided by Justia

US Court of Appeals for the Fifth Circuit Opinions
Nester v. Textron, Inc.

Docket: 16-51115
Opinion Date: April 18, 2018
Judge: Thomas Morrow Reavley
Areas of Law: Personal Injury

After plaintiff suffered permanent injuries when an unmanned utility vehicle ran her over, the jury awarded her and her husband a $15 million verdict. The Fifth Circuit affirmed, holding that the district court did not abuse its discretion by giving a more expansive definition of "safer alternative design;" the court rejected Textron's argument that a single-answer jury question erroneously commingled both supported and unsupported alternative-design theories; the district court did not abuse its discretion by admitting two pieces of evidence: a video depicting another unintended-acceleration event unfolding during a high-school football game at Dallas Cowboys Stadium and a "Best Protection" letter; and the district court did not abuse its discretion by refusing to bifurcate the trial.