YAZDANI et al v. BMW OF NORTH AMERICA, LLC et al

Filing 55

ORDER THAT DEFENDANT BMW OF NORTH AMERICA, LLC AND BMW MOTORRAD USA'S MOTION TO PRECLUDE PLAINTIFFS EXPERT WILLIAM J. VIGILANTE, JR. IS DENIED. BMW'S MOTION FOR SUMMARY JUDGMENT IS DENIED; ETC.. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 5/12/16. 5/12/16 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PARVEZ & RAZIA YAZDANI,
Plaintiffs,

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v.
BMW OF NORTH AMERICA, LLC, and
BMW MOTORRAD USA, a Division of
BMW OF NORTH AMERICA, LLC
Defendants.

CIVIL ACTION

No. 15-01427

ORDER
AND NOW, on May 12, 2016, it is ORDERED:
(1)

Upon consideration of Defendant BMW of North America, LLC, and BMW

Motorrad USA’s Motion to Preclude Plaintiffs’ Expert, William J. Vigilante, Jr. (doc. 16),
Plaintiffs Parvez & Razia Yazdanis’ Response (doc. 17), and BMW’s Reply (doc. 20), BMW’s
motion to preclude is DENIED in part and GRANTED in part for the reasons stated in the
accompanying memorandum. Mr. Vigilante shall be precluded from testifying that: (a) it was
unreasonable for BMW to rely on its dealers to convey safety warnings; and (2) it was
unreasonable for BMW to rely on the Rider’s Manual because second-hand users are unlikely to
obtain the manual and users are unlikely to read all or any part of the manual.
(2)

Upon consideration of BMW’s Motion for Summary Judgment (doc.15), the

Yazdanis’ Responses (doc. 18), and BMW’s Reply (doc. 21), BMW’s motion for summary
judgment is DENIED for the reasons stated in the accompanying memorandum.
BY THE COURT:

/s/ Timothy R. Rice
TIMOTHY R. RICE
U.S. MAGISTRATE JUDGE