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GM v. Moseley


For example, one expert witness was a doctor who performed the autopsy on Shannon Moseley. He testified that he found no fractures, no trauma to the brain, but only a few minor cuts and bruises. He said that Shannon died of burns and smoke inhalation from the fire and that he would have walked away unharmed from the accident had he not burned to death. However this expert witness also stated that he saw no soot in the lungs or trachea. This one witness seemed to contradict himself when explaining his findings compared to his theory of how Shannon died. Another witness was the police officer who was first on the scene minutes after the crash. He testified that he saw Shannon moving and heard him yelling "help". This might have been a key statement had he recorded what he saw and heard in his report, but he had not. Lastly, we see Theodore Kashmerick, a former employee of General Motors, who testifies that he has seen over twenty smashed cars where the fuel tanks had split open, leaving large holes. GM claims that he is a disgruntled former engineer whose opinion is formed out of spite for the corporation. .
             The jury also must consider the fact that General Motors had a duty to act reasonably, to keep the driver of their vehicle safe. If the design of GM's pickup truck was unnecessarily dangerous due to a flawed design, then GM was not acting reasonably in allowing trucks with this flawed design to be purchased. Since it is a civil case, the jury only had to be 51% sure of guilt. This meant that each juror only had to be 51% sure that GM was at fault in order to return with a guilty verdict. .
             There were many issues of appeal in this case. The first being the fact that General Motors had filed a motion that evidence from all previous cases involving GM pickup trucks and fuel-fed fires be excluded. The trial court complied and instructed that there.
             must be "substantial similarity" shown before any other case can be made to the.


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