Kim

Kim v. General Motors Corp.

Good Law
203 F. App'x 852
United States Court of Appeals for the Ninth CircuitOctober 31, 2006No. 05-35240California698 words

Opinion

Lead Opinion

MEMORANDUM ***

Michelle and Jeong Sook Kim (“Kims”) appeal the district court’s judgment, after a jury trial, in favor of General Motors Corp. (“GM”) in the Kims’ diversity action under Washington’s Product Liability Act. The Kims contend that the district court erred in admitting the statistical evidence regarding vehicle crashworthiness and GMs’ compliance with Federal Motor Vehicle Safety Standard 216 (“FMVSS 216”). The Kims also contend that the district court erred in denying their motion for a new trial on the grounds that the jury verdict is against the weight of the evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The issue of the admissibility of General Motors’ expert testimony proffered by Ms. Jeya Padmanaban, which used statistical evidence to compare dissimilar accidents, has been preserved for appeal because the district court thoroughly explored and definitively addressed the admissibility of the evidence in its denial of the plaintiffs’ motion in limine. Palmerin v. City of Riverside, 794 F.2d 1409, 1413 (9th Cir.1986) (holding that an issue is preserved for appeal so long as it is “thoroughly explored during the hearing on the motion…

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