Bayerische Motoren Werke Aktiengesellschaft v. Roth

OPINION

By the Court,

Pickering, J.:

This is an appeal from an order granting a new trial in a tort case involving a single-car rollover. The injured passenger, respondent Alyson Roth, obtained a $5.9 million judgment against the driver, respondent Jennifer Stapleton, but lost on her product defect/crashworthiness claim against the car’s manufacturer, appellant Bayerische Motoren Werke (BMW). The district court granted Roth a new trial against both BMW and Stapleton, and BMW appeals pursuant to NRAP 3A(b)(2).

The district court granted the new trial based on its finding that BMW’s counsel…