JODOIN v. TOYOTA MOTOR CORP.

No. 01-1554.

284 F.3d 272 (2002)

Shelley A. JODOIN, Individually and as Natural Parent, Next Friend and Guardian of Timothy D. Dorsey, a Minor, and Lawrence H. Jodoin, Plaintiffs, Appellants, v. TOYOTA MOTOR CORPORATION, Toyota Motor Sales U.S.A., Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 1, 2002.

Rehearing and Suggestion for Rehearing Denied April 25, 2002.


Attorney(s) appearing for the Case

John S. Foley, with whom Mark B. Decof, Howard B. Klein, and Decof & Decof were on brief, for appellants.

Gerald C. DeMaria, with whom Higgins, Cavanagh & Cooney, Richard W. Shapiro, Law Offices of Richard W. Shapiro P.L.C., Richard A. Derevan and Snell & Wilmer L.L.P. were on brief, for appellees.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CYR, Senior Circuit Judge.


Rehearing and Suggestion for Rehearing En Banc Denied April 25, 2002.

TORRUELLA, Circuit Judge.

Shelley Jodoin was injured in a car accident and, with her husband and son, sued Toyota Motor Corporation and Toyota Motor Sales U.S.A., Inc. ("Toyota") alleging a design defect in her vehicle. During trial, the district court excluded all evidence relating to testing done by plaintiffs' expert. After this ruling, plaintiffs conceded that they would be unable to...

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