White v. Mazda Motor of Am., Inc.

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Plaintiff’s Mazda3 sedan caught fire one month after Plaintiff purchased the vehicle. Plaintiff brought this product liability action against Mazda Motor of America, Inc. and Cartwright Auto, LLC, claiming that a defect in the car’s fuel system caused the fire that, in turn, caused Plaintiff to suffer injuries. The trial court granted summary judgment for Defendants on the basis that Plaintiff failed to produce competent expert testimony to support his claim of defect. Plaintiff appealed, arguing that he could prove his case based on an unspecified defect under the malfunction theory of products liability and without expert testimony. The Appellate Court affirmed, concluding (1) Plaintiff failed to raise the malfunction theory in the trial court and thus did not preserve it for appellate review; and (2) Plaintiff’s specific defect claims required expert testimony, and Plaintiff failed to produce this evidence. The Supreme Court affirmed, holding that Plaintiff did not properly preserve his malfunction theory of liability claim for appellate review, and therefore, the Appellate Court did not err in declining to review the malfunction theory claim on appeal. View "White v. Mazda Motor of Am., Inc." on Justia Law