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Key Safety Sys. Inc. v. Bruner

Use of a videotape by an expert to illustrate the expert's testimony is generally permissible.

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This appeal arises out of the death of Penney Louise Bruner after the Jeep Wrangler automobile in which she was riding in the front passenger seat was involved in a rollover crash, ejecting her despite her wearing the seatbelt, which was designed, constructed, and integrated into the Jeep by Key Safety Systems, Inc. Key.1 William A. Bruner, Individually and as Personal Representative of the Estate of Ms. Bruner collectively the plaintiff, filed suit against Key and various other private and governmental entities, alleging claims of failure to warn, failure to recall/retrofit, strict products liability, and negligence regarding the seatbelt restraint system installed in the passenger side of the Jeep. The jury awarded over $4.6 million to the plaintiff, apportioning 80 percent fault to Key and 20 percent to the driver, Mr. and Ms. Bruner’s daughter, Amanda. Key filed a motion for new trial, motion for judgment notwithstanding the verdict, and a revised motion for new trial, which motions were denied by the trial court.

Key appeals, arguing that the trial court erred by 1 denying its motions for directed verdict and for judgment notwithstanding the verdict as to the plaintiff’s failure to warn claim; 2 admitting expert testimony regarding certain seatbelt retractor mechanism testing over its objection at the motion in limine and at trial; and 3 allowing the jury to view the video of that same test over its objection at the motion in limine and at trial. For the reasons that follow, we affirm.

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