FUNKHOUSER v. FORD MOTOR CO.

Record No. 111207.

736 S.E.2d 309 (2013)

285 Va. 272

Steven K. FUNKHOUSER, Administrator of the Estate of Emily N. Funkhouser, Deceased v. FORD MOTOR COMPANY, et al.

Supreme Court of Virginia.

January 10, 2013.


Attorney(s) appearing for the Case

J. Gregory Webb , M. Bryan Slaughter , E. Kyle McNew , MichieHamlett, on briefs, for appellant.

J. Tracy, Walker, IV , Perry W. Miles, IV , Derek H. Swanson , McGuire Woods, on brief, for appellees.

Amicus Curiae, Virginia Trial Lawyers Ass'n, William W.C. Harty , Patten, Wornom, Hatten & Diamonstein, on briefs, in support of appellees.

Amicus Curiae, Product Liability Advisory Council, Inc., Eric C. Tew , Hugh F. Young, Jr. , Dykema Gossett, on brief, in support of appellees.

Amici Curiae, Virginia Chamber of Commerce, Philip Morris USA Inc., and E.I. du Pont de Nemours and Co., Victor E. Schwartz , Mark A. Behrens , Shook, Hardy & Bacon, on brief, in support of appellee Ford Motor Co.

Amicus Curiae, Virginia Ass'n of Defense Attys., Elizabeth Griffin Robertson , Goodman Allen & Filetti, on brief, in support of appellees.

Present: All the Justices.


Opinion by Justice CLEO E. POWELL.

Steven K. Funkhouser ("Funkhouser") brought a products liability action against Ford Motor Company and Obaugh Ford, Inc. (collectively "Ford") after his daughter, Emily, died from severe burns she suffered as a result of a fire in her family's Ford Windstar van. In this appeal, we consider whether the circuit court erred in excluding evidence of seven other Ford Windstar fires and in ruling that Funkhouser's expert witnesses could...

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