13-12.16 Ps Opposition to Motion to Set Aside Verdict

7/24/2019 13-12.16 Ps Opposition to Motion to Set Aside Verdict

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IN

THE

DISTRICT COURT OF DOUGLAS COUNTY NEBRASKA

KATHERINE M. SPRAGUE

Plaintiff,

v

TOYOTA

MOTOR

CORPORATION

Defendants

DOC

1089

NO 996

P L I N T I F F S

B R I E F

IN O P P O SI TI O N T O

DEFENDANT

T O Y O T M O T O R

C O R P O R T I O N S M O T I ON

T O

S E T

ASIDE

T H E

V E R D I C T

O R

J U D G M E N T

O R I N T H E L T E R N T I V EF O R

A

N E W

T R I L

I n t r o d u c t i o n

In seeking a new trial. Defendant maintains that Plaintiffs counsel impermissibly asked

the jury to send a message to Toyota, a covert plea for punitive damages. However, Defendant

fails to note that Plaintiffs single reference to a message was directed towards liability issues

and, more significantly, during closing. Plaintiffs counsel affirmatively argued against any

punishment of Toyota: We re not here to say Toyota is a bad company. . . Shumway

Closing, at p. 23. And we want fairness for everyone. ShumwayClosing, at p. 25. Plaintiffs

counsel finished his rebuttal closing saying: but be fair to Toyota too. Be fair to Kathy

Sprague. And I m sure you ll do a great service for the community in your evaluation.

Shumway Closing, p. 52.

Defendant claims that

Plaintiffs

counsel wrongfully referenced a subsequent remedial

measure, the airbag system in the 2005 Lexus. However, Defendant fails to note that the design

change was made years prior to Mrs. Sprague s collision - it was a prior design change, not

within the ambit

of

Evidence Rule 407. See, e.g., Brazos River Authority v. GE Ionics, Inc., 469


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Documents

13-12.16 Ps Opposition to Motion to Set Aside Verdict