Driver insurance lawsuit 387

Premises Liability is another area of San Diego Personal Injury Law

Bell v Bayersiche Motoren Werken AG 181 Cal.App.4th 1108 (2010) (2/3)  Court instructed jury twice to disregard insurance, and one isolated question (Did witness check w/drivers whether they had insurance?) during several-week trial immediately followed by another “disregardinsurance” instruction, but nevertheless granted new trial based on the question. [1] Trial court could not reasonably believe one isolated mention of insurance was prejudicial, and granting new trial is error. [2] Juror’s affidavits showing jurors misunderstood, and one misstated, jury instructions, are inadmissible evidence of thought processes. [3] Consumer expectations test is thatof ordinary consumer.  Testimony by Def’s engineers (rollover risk is not apparent) does not compel finding of failure to meet test. [4] CACI 1204 properly modified to include automobile aesthetics as a factor in balancing design risks.  San Diego personal injury attorney.

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