Roy v. Volkswagen Of America

920 F.2d 618 Prod.Liab.Rep.(CCH)P 12,787 Doug ROY, Jr., Marsha Roy; Shannon Roy, a minor, by and through her guardian Ad Litem, Doug Roy, Jr.; Doug Roy, III, a minor, by and through his guardian Ad Litem, Doug Roy, Jr., Plaintiffs-Appellants, v. VOLKSWAGEN OF AMERICA, INC.; Volkswagenwerk Aktiengesellschaft, a German Corporation, Defendants-Appellees. No. 87-6340. United States Court of Appeals, Ninth Circuit. Dec. 17, 1990. 1 Before HUG and CANBY, Circuit Judges and EZRA, * District Judge. ORDER 2 The opinion previously filed in this case and reported at 896 F.2d 1174 , is amended as follows: At 896 F.2d at 1175, right column, line 5: 3 Delete "the Roys' motion" and substitute "VW's motion." 4 At 896 F.2d at 1179, left column, lines 22-28: 5 Delete quotation from, and citation of Boeing Company v. Shipman. Substitute the following,"The district court's authority to order a new trial is admittedly less constrained than its authority to enter a judgment contrary to the jury's verdict. However, the district court may order a new trial only if it finds that the jury's verdict was 'clearly contrary to the weight of the evidence.' McGhee v. Arabian American Oil Co., 871 F.2d 1412, 1420…