A $5.2 million verdict in a wrongful death action involving an SUV rollover must be held in abeyance because the plaintiffs didn't demonstrate that the crash tests they presented to the jury had gained acceptance in the scientific community when used together and on the same vehicle, a New York appeals court has ruled, remanding the case to the New York Supreme Court for a Frye hearing. The plaintiff alleges General Motors had design defects that made the vehicle uncrashworthy.
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Fatal SUV Rollover Award in Abeyance
New York Law Journal
July 22, 2005
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