Egbert v. Nissan North America, Inc.

DURRANT, Justice:

INTRODUCTION

T1 The Federal District Court for the District of Utah has certified to us the following two questions:

1. In a product liability case where a manufacturer's product complies with applicable government safety standards, should the jury be instructed that a presumption of non-defectiveness has arisen under Utah Code Ann. § 78-15-68)? If so, should the instruction require clear and convincing evidence of a defect to rebut the presumption, or is proof by a preponderance of the evidence sufficient for rebuttal?

2, Does Utah recognize the "enhanced injury" theory of…