Representative Matter

Supreme Court of Virginia reverses and renders final judgment where plaintiffs’ liability expert lacked sufficient foundation for his opinion

Hyundai Motor Company, Ltd., et al., v. Keith Allen Duncan, Individually and as Guardian and Conservator for Zachary Gage Duncan, et al., Record No. 140216. On January 8, 2015, the Supreme Court of Virginia reversed a $14.14 million jury verdict against Hyundai and entered final judgment in favor of Hyundai. The court held that the plaintiffs’ expert testimony, which was the sole support for plaintiffs’ liability theory, should not have been admitted by the trial court because it was merely the expert’s “ipse dixit assumption” and was without any evidentiary support or empirical analysis.