888 F.3d 151
5th Cir.2018Background
- Gini Nester was rendered quadriplegic when an unmanned E‑Z‑GO ST 350 Workhorse rolled over her after a 50‑lb feed bag apparently fell onto the accelerator while the key remained on and the parking‑brake/accelerator pedals were mechanically linked.
- The Nesters sued Textron (E‑Z‑GO) in Texas state‑law diversity claims for design defect, marketing defect, and gross negligence (seeking punitive damages); a jury awarded >$15M in actual damages, apportioning fault 50/50 between Gini and Textron for the design‑defect claim.
- The Nesters proposed four safer‑alternative designs at trial: (1) remove the mechanical link between accelerator and parking brake (principal theory); (2) a pedal guard; (3) a weight‑sensing seat switch; and (4) an additional hand‑operated parking brake. Textron rebutted each on utility, feasibility, or practicality grounds.
- Textron moved for JMOL/new trial post‑verdict and appealed only four rulings: (1) the jury instruction defining “safer alternative design,” (2) a single, broad jury question that grouped alternative designs, (3) admission of two pieces of evidence (a Cowboys Stadium video and an internal letter recommending link removal), and (4) refusal to bifurcate punitive‑damages issues. The Fifth Circuit affirmed in all respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury definition of “safer alternative design” | The court’s PJC‑based instruction adequately stated Texas law and allowed the jury to evaluate tradeoffs. | Textron: The instruction omitted Texas’s “overall safety” requirement (alternative must not impose equal/greater risks); requested expanded wording. | Affirmed — district court did not abuse discretion; PJC instruction substantially covered the law and permitted Textron to argue tradeoffs. |
| Commingling of alternative‑design theories in single verdict question | Nesters: grouping is permissible; at least two alternatives had sufficient evidence so jury could rely on supported theories. | Textron: Grouping obscured which alternative the jury relied on and mixed supported with unsupported theories, requiring reversal. | Affirmed — under Fifth Circuit precedent (Walther/Griffin), verdict can stand if at least one submitted theory had sufficient support. |
| Admissibility of Cowboys Stadium video and internal letter | Nesters: both items were authenticated and relevant to show the risk posed by the pedal design and to rebut Textron’s safety/causation arguments. | Textron: Challenges to authentication, similarity, relevance, and unfair prejudice (Rule 403). | Affirmed — court did not abuse discretion: video sufficiently authenticated and relevant; letter (redacted) admissible to challenge Textron’s stance on link removal. |
| Refusal to bifurcate punitive damages/net worth evidence | Nesters: no undue prejudice; net‑worth evidence is proper on punitive amount under Texas law. | Textron: Federal court should follow Texas statutory requirement to bifurcate liability from punitive damages. | Affirmed — bifurcation is discretionary under Fed. R. Civ. P. 42(b); district court’s denial was not an abuse of discretion. |
Key Cases Cited
- Turlington v. Phillips Petroleum Co., 795 F.2d 434 (5th Cir.) (federal law controls instruction form; state law controls substance)
- Janvey v. Dillon Gage, Inc., 856 F.3d 377 (5th Cir. 2017) (standard for reversing jury‑instruction rulings)
- Alexander v. Conveyors & Dumpers, Inc., 731 F.2d 1221 (5th Cir.) (district court not required to give every correct instruction offered)
- Uniroyal Goodrich Tire Co. v. Martinez, 977 S.W.2d 328 (Tex. 1998) (adopted Restatement comment requiring overall‑safety consideration for alternatives)
- Genie Indus., Inc. v. Matak, 462 S.W.3d 1 (Tex. 2015) (clarified components of safer alternative design doctrine)
- Griffin v. United States, 502 U.S. 46 (1991) (commingling rule applies to legally inadequate theories; juries can sort factually weak theories)
- Walther v. Lone Star Gas Co., 952 F.2d 119 (5th Cir. 1992) (applied Griffin to civil cases; verdict need not be reversed merely because jury may have relied on factually unsupported theory)
- Prestenbach v. Rains, 4 F.3d 358 (5th Cir.) (discussing Walther’s authority and precedent tension)