David Montpas was part of the appellate team that successfully persuaded the San Antonio Court of Appeals to affirm a summary judgment in favor of an all terrain vehicle (ATV) manufacturer in a wrongful death case filed in Maverick County, Texas. The plaintiffs alleged a defect in the ATV’s steering system caused an under-aged and unlicensed driver to lose control of the vehicle and suffer a fatal injury. On behalf of Honda, David filed motions to disqualify three of the plaintiff’s defect experts, and the trial court granted those motions. An interlocutory appeal followed, and the San Antonio Court of Appeals affirmed the exclusion of all three experts in 2015. The case was remanded to the trial court, and the vehicle manufacturer moved for summary judgment based on a lack of expert testimony needed to prove a design defect. The trial court granted judgment for the manufacturer and Plaintiff then appealed that ruling, as well. The San Antonio Court of Appeals affirmed the summary judgment and concluded there was no admissible expert testimony to support the plaintiff’s claims.
Gomez v. Am. Honda Motor Co., Inc., 04-16-00342-CV, 2017 WL 3159703 (Tex. App.—San Antonio July 26, 2017, pet. filed)