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EGBERT v. NISSAN NORTH AMERICA, INC.

No. 20060433.

167 P.3d 1058 (2007)

2007 UT 64

Emily EGBERT and Jerad Egbert, individually and as guardians for J.E., a minor, Plaintiffs and Appellants, v. NISSAN NORTH AMERICA, INC.; Nissan Motor Co., Ltd.; and Central Glass Co., Ltd., Defendants and Appellees.

Supreme Court of Utah.

August 24, 2007.

Attorney(s) appearing for the Case

David C. Biggs, Piero G. Ruffinengo, Preston L. Handy, Darren A. Davis, Joseph W. Steele, Kenneth D. Lougee, Salt Lake City, Jill M. Madajczyk, Patrick M. Ardis, Memphis, TN, for plaintiffs.

Michael D. Zimmerman, Tracy H. Fowler, Kamie F. Brown, Salt Lake City, for defendants.

DURRANT, Justice:

INTRODUCTION

¶ 1 The Federal District Court for the District of Utah has certified to us the following two questions:

1. In a product liability case where a manufacturer's product complies with applicable government safety standards, should the jury be instructed that a presumption of non-defectiveness has arisen under Utah Code Ann. § 78-15-6(3)? If so, should the instruction require clear and convincing evidence of...

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