SCHULTZ v. FORD MOTOR CO.

No. 49A02-0309-CV-749.

822 N.E.2d 645 (2005)

Richard SCHULTZ and Gail Schultz, Appellants-Plaintiffs, v. FORD MOTOR COMPANY, Appellee-Defendant.

Court of Appeals of Indiana.

February 21, 2005.


Attorney(s) appearing for the Case

Bruce D. Aukerman, Mann Law Firm, Terre Haute, IN, Roger L. Pardieck, The Pardieck Law Firm, Seymour, IN, Craig R. McClellan, John H. Gomez, McClellan & Gomez, San Diego, CA, Attorneys for Appellants.

Kevin C. Schiferl, Nelson D. Alexander, Julia Blackwell Gelinas, Robert B. Thornburg, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Appellee.


OPINION

KIRSCH, Chief Judge.

Richard and Gail Schultz appeal the jury verdict in favor of Ford Motor Company ("Ford") on their product liability and negligence claims, contending that the trial court erred by using Final Instruction No. 23 ("Instruction 23"), which informed the jury that there was a rebuttable presumption that Ford was not negligent in its design of the Ford Explorer if it complied with Federal Motor Vehicle Safety Standard ("FMVSS") 216...

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