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Blank v. Garff Enterprises, Inc., 2021 UT App 6 (Jan. 22, 2021)

Jan 22, 2021

The court of appeals affirmed the district court’s summary judgment and directed verdict dismissing the plaintiffs’ claims against the manufacturer, retailer, and distributors of an automobile involved in a high-speed rear-end collision.  The court held that the district court was within its discretion to exclude untimely supplemental expert declarations that the plaintiffs attempted to offer in opposition to the defendants’ summary judgment motion, which were not harmless or excused by good cause.  The court further held that the directed verdict dismissing the plaintiffs’ negligent design claims was correct, where the plaintiffs had failed to present evidence that any defendants designed the automobile or its component parts.