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Garcia v. Brown11/24/2004
h provided factual support and a basis for the plaintiff's expert's opinion.
We likewise find that there is ample testimony and evidence from which a reasonable juror could have found in favor of plaintiff. The research and studies of roof structure strength, the studies on the correlation of injuries to rollover incidents, and the existence and availability of roof structures strong enough to prevent plaintiff's injuries support the possible conclusion of liability on the part of Ford Motor Company under the Louisiana Product Liability Act.
This evidence, viewed in the light most favorable to the non-moving party, plaintiff, is sufficient. Defendant has argued that plaintiff's expert witnesses have contradicted one another on what roof structure strength would be sufficient to prevent plaintiff's injuries. However, the determination of what weight and credibility to give to each expert's testimony is within the discretion of the jury. See Morehead, supra.
Conclusion
For the foregoing reasons, we reverse and remand this matter for a new trial. All costs here and below are assessed to Ford Motor Company.
REVERSED and REMANDED.
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