Vernon Ervin Dillon, Jr. Louise Dillon v. Nissan Motor Co., Ltd. Nissan Motor Corporation in U.S.A.

JOHN R. GIBSON, Circuit Judge.

Vernon and Louise Dillon appeal from an adverse judgment entered on a jury verdict in their products liability suit against Nissan Motor Company, Ltd. and Nissan Motor Corporation in U.S.A. At trial, the Dillons were prohibited from calling an expert witness, Dr. Mario Gomez, because he had ordered that evidence be destroyed. The Dillons argue that the district court 1 erred in prohibiting Dr. Gomez from testifying, allowing Nissan’s counsel to repeatedly argue misconduct and spoliation of the evidence, and instructing the jury that it could draw an adverse…