Virginia's Judicial System


Appeals Granted


Case

HYUNDAI MOTOR COMPANY, LTD, ET AL. v. KEITH ALLEN DUNCAN, INDIVIDUALLY AND AS GUARDIAN AND CONSERVATOR FOR ZACHARY GAGE, ETC., ET AL.
(Record Number 140216)

From

From the Circuit Court of Pulaski County; C. Gibb, Judge.

Counsel

J. Tracy Walker, IV, Robert W. Loftin and Samuel T. Towell (McGuireWoods LLP) and Harlan I. Prater, IV (Lightfoot, Franklin & White, LLC) for appellant.

L. Steven Emmert (Sykes, Bourdon, Ahern & Levy, P.C.), William P. Wallace, Jr. (Johnson, Ayers & Matthews, PLC), Ari S. Casper, Julie L. Mitchell and Ronald Kovner (Stein Mitchell, Muse & Cipollone, LLP) for appellee.

Assignment of Error

  1. The trial court erred in denying Hyundai's motions to strike at trial, in denying Hyundai's post-trial motions, and in entering judgment for the Duncans on their breach of implied warranty of merchantability claim because the Duncans failed to prove the Tiburon breached any standard of merchantability or that it was unreasonably dangerous.
  2. The trial court erred in permitting and not striking the testimony of Plaintiffs' designated expert witness Geoffrey L. Mahon, which lacked any competent factual or scientific foundation.
  3. The trial court erred in permitting cross-examination of Hyundai's expert witnesses regarding a fatality in a prior incident involving a Tiburon without making any showing of substantial similarity.
  4. The trial court erred in admitting post-manufacture evidence of the airbag sensor design for the 2010 Hyundai Genesis, which the Duncans argued was a remedial measure.
  5. The trial court erred in refusing Hyundai's proffered instructions regarding (a) Gage's misuse of the Tiburon immediately before he crashed (Hyundai Instruction 19) and (b) the factors a jury can consider in determining whether a product is unreasonably dangerous or un-merchantable (Hyundai Instructions 16, 21, and 24).
  6. The trial court erred in denying Hyundai's motion for an evidentiary hearing regarding potential juror misconduct, which was supported by affidavits from three jurors.

Assignment of Cross-Error

  1. The trial court erroneously admitted a report by Transportation Research Center, Inc., and ratings from NHTSA's New Car Assessment Program. Both were inadmissible hearsay, and the trial court misapplied the official-records rule in admitting them.

Date Granted

  06-02-2014