SCHULTZ v. FORD MOTOR CO.

No. 49S02-0508-CV-376.

857 N.E.2d 977 (2006)

Richard SCHULTZ and Gail Schultz, Appellants (Plaintiffs below), v. FORD MOTOR COMPANY, Appellee (Defendant below).

Supreme Court of Indiana.

December 5, 2006.


Attorney(s) appearing for the Case

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

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

Raymond L. Faust, Nelson A. Nettles, James D. Johnson, Defense Trial Counsel of Indiana, J. Joseph Tanner, M. Kristin Glazner, Thomas C. Kus, Indiana Manufacturers Association and Alliance of Automobile Manufacturers, Inc., Hugh F. Young, Jr., L. Alan Whaley, Bonnie L. Gallivan, Myra C. Selby, Brian J. Paul, Product Liability Advisory Council, Inc., David V. Scott, Indiana Trial Lawyers Association, Attorneys for Amici Curiae.

J. Alexander Tanford, Pro se.


On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0309-CV-749.

SULLIVAN, Justice.

A jury rendered a defense verdict on plaintiffs' product liability and negligence claims relating to the collapse of the roof of a Ford Explorer in a rollover accident. The Court of Appeals found the trial court's giving of a jury instruction on a presumption to have been reversible error. We hold that Indiana Evidence Rule 301, which authorizes presumptions...

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