Walker et al v. Yamaha Motor Co., Ltd. et al
Filing
263
ORDER denying #221 Motion ; granting in part and denying in part #235 Motion ; denying as moot #250 Motion ; denying as moot #251 Motion for Judgment as a Matter of Law. Signed by Judge Roy B. Dalton, Jr. on 3/25/2016. (VMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
TROY WALKER; and JOAN WALKER,
Plaintiffs,
v.
Case No. 6:13-cv-1546-Orl-37GJK
YAMAHA MOTOR CO., LTD.; and
YAMAHA MOTOR CORPORATION,
U.S.A.,
Defendants.
ORDER
The Court held a jury trial in this products liability action, which commenced on
March 14, 2016, and concluded on March 24, 2016. (See Docs. 237, 253; see also
Docs. 238, 242, 243, 248, 249.) In accordance with the jury’s verdict (“Verdict”) (see
Doc. 256), the Court entered judgment in favor of Defendants and against Plaintiffs
(“Judgment”) (Doc. 262). The Court now enters this post-trial Order to address all
still-pending motions that either the Court ruled on during trial or have been rendered
moot.
First, Plaintiffs’ Motion and Memorandum to Preclude Evidence and Argument
Regarding Absence of Claims Related to Conspicuity of the Subject Model Motorcycle
(Doc. 221) is DENIED in accordance with the Court’s ruling from the bench during trial
(see Doc. 239, pp. 2–3.)
Second, Defendants, Yamaha Motor Co., Ltd. and Yamaha Motor Corporation,
U.S.A.’s, Motion to Preclude Plaintiffs’ Use of the Accident Reconstruction Demonstrative
Aid (Doc. 235) is GRANTED IN PART in accordance with the Court’s ruling from the
bench during trial (see Doc. 244, p. 27).
Third, Plaintiffs’ Motion and Supporting Memorandum to Preclude the Yamaha
Defendants from Arguing Fault of Non-Party Laura Rodriguez and Request for Curative
Instruction (Doc. 250) is DENIED AS MOOT in accordance with discussions between the
parties’ counsel and the Court during the charge conference and in light of the Court’s
decision to instruct the jury on concurring cause.
Fourth, Defendants’, Yamaha Motor Corporation, U.S.A. and Yamaha Motor Co.,
Ltd.’s [sic], Motion for Judgment as a Matter of Law (Doc. 251) is DENIED AS MOOT in
light of the Verdict and Judgment.
IT IS SO ORDERED.
DONE AND ORDERED in Chambers in Orlando, Florida, on March 25, 2016.
Copies:
Counsel of Record
2
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