Moss v. General Motors LLC

Filing 38

ORDER denying without prejudice 22 Motion for Summary Judgment. Granting 19 Motion, granting in part and denying in part 34 Motion, and denying as moot 30 Motion. The 9 Final Scheduling Order is suspended and the 2/13/2017 trial is canceled. An Amended Final Scheduling Order will issue Signed by Judge D. P. Marshall Jr. on 12/21/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
PLAINTIFF

ANDREW MOSS

v.

No. 3:15-cv-200-DPM
DEFENDANT

GENERAL MOTORS LLC
ORDER

1. GM' s motion for summary judgment is denied without prejudice to

renewal at trial. The issue is close. But things add up: Moss's testimony that
he wasn't speeding; his prior experience with the steering locking up; GM's
post-accident recall notice; and Moss's excited utterance about a steering
problem right before the crash.

All this - accepted as the truth, in

combination, and with inferences taken in Moss's favor - is sufficient to
support a conclusion that a steering defect caused this wreck. The jury must
decide whether it believes all that disputed proof or GM' s experts' testimony:
Moss was speeding; and the steering defect didn't cause any problem. In
terms of the proof offered to avoid judgment as a matter of law, this case is
more like Harrell Motors, Inc. v. Flanery, 272 Ark. 105, 612 S.W.2d 727 (1981)
than Mixon v. Chrysler Corp., 281Ark.202, 663 S.W.2d 713 (1984). As in Schipp

v. General Motors Corp., 443 F. Supp. 2d 1023 (E.D. Ark. 2006), plaintiff has no
expert but does have defect evidence a jury could believe.
2. GM' s motion to prevent Moss from offering belated expert testimony
is granted. Moss didn't disclose any by the Court's deadline. Moss's like
motion is granted in part but mostly denied. It's unclear whether Moss got
the reports of GM's experts by email: The Court faces a he said/he said
situation. It's clear, though, that Moss got the notice that GM had experts
with opinions. Ng 33 at if 2. So GM's experts can testify. In the circumstances,
the fair resolution is that Moss may depose GM's experts out of time to
prepare for trial. But no rebuttal experts will be allowed.
3. The Court can't keep the February trial date. I must travel out of
state that week to participate in the selection process for a United States
Bankruptcy Judge. These interviews were just scheduled. An Amended Final
Scheduling Order will issue.

*

*

*

Motion, Ng 22, denied without prejudice. Motion, Ng 19, granted.
Motion, Ng 34, granted in part and denied in part. Motion, Ng 30, denied as
moot. Final Scheduling Order, Ng 9, suspended and February 13th trial
canceled.
-2-

So Ordered.

v

D.P. Marshall Jr.
United States District Judge

-3-