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MOISENKO v. VOLKSWAGEN, AG

No. 5:96 CV 49.

20 F.Supp.2d 1129 (1998)

George MOISENKO, in his capacity as the personal representative of the estate of Jutta Moisenko, deceased, and individually, Plaintiff, v. VOLKSWAGEN, AG, a corporation of the Federal Republic of Germany, Defendant.

United States District Court, W.D. Michigan, Southern Division.

September 28, 1998.

Attorney(s) appearing for the Case

Raymond R. Behan, Michael R. Behan, Schram, Behan & Behan, Okemos, MI, for Plaintiff.

David L. Harrison, Tolley, Vandenbosch & Walton, PC, Grand Rapids, MI, for Defendant.

OPINION

ENSLEN, Chief Judge.

This matter is presently before the Court on Defendant's motion in limine to exclude testimony by Plaintiff's expert witnesses. The Court concludes that under Sixth Circuit case law, the testimony of Plaintiff's expert Donald Martus must be excluded. The Court further concludes that in the absence of expert testimony on the existence of a design or manufacturing defect, judgment must be entered on behalf of Defendant,...

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