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SEAN R. v. BMW OF N. AM., LLC

No. 3

26 N.Y.3d 801 (2016)

48 N.E.3d 937

28 N.Y.S.3d 656

2016 NY Slip Op 01000

SEAN R., an Infant, by His Mother and Natural Guardian, DEBRA R., Appellant, v. BMW OF NORTH AMERICA, LLC, et al., Respondents.

Court of Appeals of New York.

Decided February 11, 2016.

Attorney(s) appearing for the Case

Phillips & Paolicelli LLP, New York City ( Steven J. Phillips , Danielle George and Victoria E. Phillips of counsel), for appellant.

Biedermann Hoenig Semprevivo, P.C., New York City ( Philip C. Semprevivo, Jr. , Peter Hoenig , Peter W. Beadle and Justin A. Guilfoyle of counsel), for BMW of North America, LLC and others, respondents.

Lawrence, Worden, Rainis & Bard, P.C., Melville ( Leslie McHugh of counsel), for Martin Motor Sales, Inc., respondent.

Brill & Associates, P.C., New York City ( Haydn J. Brill of counsel), for Hassel Motors, Inc., respondent.

Robert S. Peck , Center for Constitutional Litigation, Washington, D.C. ( Jeffrey R. White of counsel), for American Association for Justice, amicus curiae.

OPINION OF THE COURT

Plaintiff Sean R. was born with severe mental and physical disabilities, which he attributes to in utero exposure to unleaded gasoline vapor caused by a defective fuel hose in his mother's BMW. The question on this appeal is whether the courts below properly precluded two of plaintiff's expert witnesses...

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