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)

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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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