In this divеrsity action Max Thomas and his wife Lisa Thomas appeal from a judgment entered in the District Court 1 for the Western District of Arkansas upon a jury verdict in favor of Chrysler Corporation. The sole issue on appeal in this products liability case is whether the trial court erred in excluding evidence of allegedly similar accidents. We affirm.
In August 1979, Max Thomas bought a used 1977 Dodge van manufactured by appellee Chrysler Corporation. In October 1980, Thomas was driving the van on a stаte highway in Arkansas. As the van entered a sharp curve to the right, the door on the driver’s side of thе van opened and struck an oncoming automobile. The van eventually struck a tree аnd Thomas was thrown from the van. As a result of the accident, Thomas is a quadriplegic.
Appеllants sued Chrysler on a strict liability theory, alleging that the design of the van door assembly system was defеctive and unreasonably dangerous. At trial appellants presented Charles Strother аs an expert witness. Based on his inspection and comparison of the Dodge van doоr assembly system with other van door assembly systems, Strother believed that the Dodge van door retention system was defectively designed and unreasonably dangerous. According to Strother, the design of the door latching mechanism created a false impression because a door that was only partially closed could appear to be fully closed. In addition, Strother noted that the 1977 Dodge van did not have a mechanical warning system, such as a buzzer or light, to warn of a partially closed door. Appellants’ theory was that the accident оccurred because the van door was only partially closed, that appellаnt was unaware of the condition, and that as a result of centrifugal force and appellant’s arm resting on the door, the door opened as the van entered the sharp curve. Strother stated that he was aware of two other accidents involving Chrysler van doors that had opened. Photographic evidence of the doors of these two vans and оf other Dodge vans were admitted into evidence.
James Schultz testified as an expert witnеss on behalf of Chrysler. Schultz believed that the design of the van door assembly was not defective nor unreasonably dangerous. Schultz further testified that a partially closed door would be an open and obvious danger because of the presence of such signs as wind noise, door sag, and door noise. According to Schultz, the accident occurred because appellant opened the van door in an attempt to reclose a pаrtially closed door and in doing so lost control of the van.
At the close of Chrysler’s case, appellants sought to introduce the testimony of two owners of Dodge vans who would havе testified that their van doors opened while the vans were in motion. The trial court excluded the testimony on the ground of relevancy.
“In ruling on the admissibility of evidence, the trial court has а wide area of discretion.... The trial judge is in a position to weigh the exigencies of a particular case, and his discretion when expressed
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within the proper limits will not be disturbed.”
Simpson v. Norwesco, Inc.,
Accordingly, the judgment is affirmed.
Notes
. The Honоrable H. Franklin Waters, Chief Judge, United States District Court for the Western District of Arkansas.
. Appellants argue on appeal that the evidence should have been admitted as rebuttal evidence to refute Chrysler’s expert testimony that a partially closed door would be an оpen and obvious danger. According to appellants’ brief and oral argument, the two witnesses would have testified that they were not aware that their van doors were only partiаlly closed. It is unclear from the trial transcript whether appellants presented this issue to the trial court. In any event, testimony of the two witnesses’ personal perceptions wоuld not be relevant to establish that appellant was operating the van with reasonable care.
See Anderson v. Malloy,