The Fifth U.S. Circuit Court of Appeals last week maintained a jury verdict finding no liability for Graco Children’s Products in a product liability claim filed after a child was tragically paralyzed in a car accident while in a Graco TurboBooster car seat.
Awful case. Mom’s SUV had an accident with a farm tractor. Her four year old child became a paraplegic from spinal injuries suffered in the accident. The family alleged that Graco’s TurboBooster car seat caused the injuries. The jury disagreed.
On appeal, the family argued that Judge David Folsom should not have admitted a video testing a theory of the car accident. The 5th Circuit found that the trial judge has “wide discretion to admit evidence of experiments conducted under substantially similar conditions” as the underlying accident, also noting that the video did not re-enact the car accident.
You can find the court’s opinion in McCune v. Graco here.