Products Liability Suit Against BMW Gets Green Light
A New Jersey appeals court has reinstated a products liability claim against BMW of America by a vehicle owner alleging he burned his leg on an exhaust pipe that extended beyond the rear bumper.
July 05, 2017 at 05:22 PM
6 minute read
A New Jersey appeals court has partly reinstated a products liability claim against BMW of America by a vehicle owner alleging he burned his leg on an exhaust pipe that extended beyond the rear bumper.
Appellate Division Judges Joseph Yannotti and Robert Gilson issued their unpublished ruling on Wednesday, rejecting BMW's claims that Goldberg should have been required to obtain an expert to back up his faulty design claim. Bergen County Superior Court Judge Charles Powers Jr. had dismissed that claim on those grounds.
“BMW failed to establish on summary judgment that the tailpipe was an instrumentality with complex components that required plaintiff to get an expert,” the appeals court said.
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