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WILLIAM CROSKEY, Plaintiff-Appellant, v. BMW OF NORTH AMERICA, INC. and BAYERISCHE MOTOREN WERK AKTIENGESELLSCHAFT (BMW AG), Defendants-Appellees. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 02-73747—Nancy G. Edmunds, District Judge.
Argued: January 29, 2008
Decided and Filed: July 10, 2008
Before: MERRITT, DAUGHTREY, and MOORE, Circuit Judges.
MERRITT, Circuit Judge. This is an appeal from a jury verdict in an automotive products liability action in favor of defendants BMW of North America, Inc., a BMW distributor, and Bayerische Motoren Werk Aktiengesellschaft (BMW AG), the manufacturer. Plaintiff was injured when a plastic radiator piece on a 1992 BMW failed, releasing hot radiator fluid. On appeal, plaintiff alleges numerous errors at trial concerning evidentiary rulings and a jury instruction, most of which we reject. But, because the district court erroneously ruled that evidence of similar incidents could not be used by plaintiff to prove negligence in the design of the car by BMW, we reverse the district court and remand for a new trial. A recent Michigan case decided after the district court tried this case indicates that similar-incidents evidence in this case may be admitted to prove design defect.