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Verdict for Negligent Design Upheld—1987 Car Did Not Have a Starter Interlock Device that Would Prevent Car from Starting When In Gear

The First Department determined a motion to set aside a verdict in a negligent design case was properly denied.  The jury found the car manufacture negligent in not installing a device (starter interlock device) such that the car (1987) car could not be started when it was in gear.  The First Department wrote:

The trial court properly instructed the jury that in determining the negligent design claim it first had to decide whether, from the evidence at trial, there was a general custom or practice by automobile manufacturers selling manual transmission vehicles in the United States in 1987. The proof adduced at trial was sufficient to permit a jury to conclude that the practice was fairly well defined in the car manufacturing industry. Plaintiffs were not required to prove universal application of the practice in order for the jury to consider this question … . The court further properly instructed the jury that if there was such a custom and practice, it could be considered along with all of the other facts and circumstances, in determining whether Volvo had exercised reasonable care … . From all of the evidence in the record, including the experts’ testimony, the jury reasonably concluded that defendants were negligent in failing to use a starter interlock device in its vehicle …. The trial court correctly denied defendants’ motion for a directed verdict because there was sufficient evidence supporting plaintiffs’ negligent design claim. Reis… v Volvo…, 2013 NY Slip Op 03024, 1st Dept, 4-30-13

 

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