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Personal Inj. Prod. Liability | Virginia Eastern
Order
SUMMARY ORDER: The court GRANTS Plaintiffs Consent Motion 223 . Plaintiffs are ORDERED to submit a medical note as to Mr. Rugemer, to be filed under seal no later than Monday, August 10, 2026, at 5:00 p.m. If Plaintiffs are unable to obtain a medical note, they shall file an explanation as to why they could not do so (See ORDER at 2). Plaintiffs are PRECLUDED from offering evidence and argument related to blind-spot monitoring systems, advanced driver assistance systems, and any other related alternative design features at trial (See Order at 2). The court takes UNDER ADVISEMENT the admissibility of evidence concerning loose mirror arms, and mirror movement and vibrations, as evidence for Plaintiffs' failure-to-warn claims. The referenced case law shall be produced to the court no later than Monday, August 10, 2026, at 5:00 p.m. (See ORDER at 2-3). The court GRANTS in part Defendants' Request to Strike Amended Expert Reports and testimony of Dr. Daniel Wolfe, Plaintiffs' design-engineering expert, and Dr. Ruston Hunt, Plaintiffs' human factors expert. A Daubert Hearing is set for August 11, 2026, at 11:00 a.m (See ORDER at 3). The court GRANTS Defendants' Renewed Rule 702 Motion to limit the testimony of Plaintiffs' accident reconstructionist expert Steven Kean (See ORDER at 3-4). As for Defendants' Renewed Rule 702 Motion to exclude the testimony of Plaintiffs' commercial safety expert Mr. Brooks Rugemer, the court FINDS that a hearing is necessary to determine if Mr. Rugemer's proffered opinions meet the reliability standard set forth under Daubert and Rule 702 of the Federal Rules of Evidence. A Daubert Hearing is set for August 11, 2026, at 11:00 a.m. (See ORDER at 4). The court DENIES Defendants' Request to File a Targeted Supplemental Motion for Summary Judgment (See ORDER at 4). The court FINDS that Defendants' legal argument for dismissal of Plaintiffs' breach of implied warranty claims pursuant to the Graves Amendment, 49 U.S.C. § 30106(a) is not ripe for determination at this stage of litigation (See ORDER at 4-5). As to whether Defendant U-Haul International is the "COMPANY" under the subject rental agreement and addendum agreement, the parties are ORDERED to file supplemental briefing on this issue no later than 5:00 p.m. on August 9, 2026. In their briefings, the parties shall address the issues of judicial notice and judicial estoppel raised by Plaintiffs in the FPTO (See ORDER at 5). For the reasons stated from the bench, the court takes UNDER ADVISEMENT as a Motion in Limine Plaintiffs' request that Defendants be precluded from referring to Plaintiff Rigoberto Lagunas-Antunez's ("Rigoberto") alleged impairment or blood alcohol concentration ("BAC") during opening statements at trial (See ORDER at 5-6). A copy of this Summary Order has been sent to counsel for all parties. Signed by District Judge Rebecca Beach Smith on 8/07/2026. (Mkar)
Property Rights: Trademark | Arizona
Notice of Service of Discovery
NOTICE of Service of Discovery filed by U-Haul International Incorporated. (Hubbard, Maria)
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