Friday, August 14, 2009

New Products Liability Case Reported

By Brian A. Comer

The South Carolina Court of Appeals issued a decision yesterday in Duncan v. Ford Motor Company. Ford appealed a jury award of approximately $589,722 in actual damages and $3 million in punitive damages against Ford. The court affirmed the lower court decision and award. I haven't read through this case line by line yet, but there appears to be a great deal in the opinion concerning expert witness qualifications, use of hypotheticals by experts, cross examination of experts, admissibility of recalls, and punitive damages. You can find the decision here.

I will post a brief in the next couple of days, but wanted to give readers the heads-up of the decision.

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