§53.9 Test to Determine Whether a Product is Defective or Unreasonably Dangerous
1. Nickie Duran, et al. v. Hyundai Motor America, Inc., et al., M2006-00282-COA-R3-CV (Tenn. Ct. App. Feb. 13, 2008).
The Court's Summary:
"This appeal involves a single vehicle accident in which the driver was seriously injured. The driver filed suit against the manufacturer of the automobile in the Circuit Court for Dickson County, alleging that the automobile’s exhaust system was dangerously defective and seeking both compensatory and punitive damages. The jury returned a verdict awarding the driver $3,000,000 in compensatory damages and concluding that the driver was entitled to punitive damages. However, the trial court granted a directed verdict on the punitive damage claim and reduced the jury’s award of compensatory damages to $2,000,000 to conform to the driver’s amended prayer for relief. On this appeal, the manufacturer takes issue with (1) the admissibility of the evidence regarding punitive damages during the driver’s case-in-chief, (2) the scope of the cross-examination of one of its expert witnesses, (3) the trial court’s delay in directing a verdict on the driver’s punitive damage claim, (4) the jury’s allocation of fault, (5) the amount of the compensatory damages award, and (6) the award of discretionary costs. The driver takes issue with the dismissal of her punitive damages claim. We have determined that no error was committed during the trial. In addition, we find that the trial court properly directed a verdict on the driver’s punitive damages claim and reduced the award for compensatory damages to $2,000,000. We also find that the verdict, as approved by the trial court, is supported by material evidence. Finally, we have determined that the award for discretionary costs must be reduced."
View opinion.
The Court's Summary:
"This appeal involves a single vehicle accident in which the driver was seriously injured. The driver filed suit against the manufacturer of the automobile in the Circuit Court for Dickson County, alleging that the automobile’s exhaust system was dangerously defective and seeking both compensatory and punitive damages. The jury returned a verdict awarding the driver $3,000,000 in compensatory damages and concluding that the driver was entitled to punitive damages. However, the trial court granted a directed verdict on the punitive damage claim and reduced the jury’s award of compensatory damages to $2,000,000 to conform to the driver’s amended prayer for relief. On this appeal, the manufacturer takes issue with (1) the admissibility of the evidence regarding punitive damages during the driver’s case-in-chief, (2) the scope of the cross-examination of one of its expert witnesses, (3) the trial court’s delay in directing a verdict on the driver’s punitive damage claim, (4) the jury’s allocation of fault, (5) the amount of the compensatory damages award, and (6) the award of discretionary costs. The driver takes issue with the dismissal of her punitive damages claim. We have determined that no error was committed during the trial. In addition, we find that the trial court properly directed a verdict on the driver’s punitive damages claim and reduced the award for compensatory damages to $2,000,000. We also find that the verdict, as approved by the trial court, is supported by material evidence. Finally, we have determined that the award for discretionary costs must be reduced."
View opinion.