A federal judge’s decision on whether to throw out a $2.9 million jury verdict against General Motors hinges on whether better safety warnings could have prevented the death of an 8-year-old girl.

In July, a Connecticut jury found the automaker failed to warn about the danger of accidently shifting out of park in its 2004 Chevrolet Suburban. The jury found that, while the vehicle didn’t contain a defective design, GM breached its duty to warn owners of a knowable danger.