Croskey v. BMW of North America, Inc The parties: Croskey and BMW of North America The plaintiff: Croskey The defendant: BMW of North America The appellant: Croskey The appellee: BMW of North America The court trial was won by Croskey William Croskey was badly burned by hot anti-freeze after the plastic radiator neck of a 1992 BMW failed and sprayed fluid on him when he opened the hood of the car. Croskey brought defective design, negligence and gross negligence claims against BMW of North America, Inc. The Court of Appeals disagreed with the District Court’s refusal of Croskey’s evidence of four non-BMW mechanics as to the dangers of using plastic for a radiator neck to establish the design defect claim. Such testimony should have been admissible to prove a defect. However, the appellate court agreed with the District Court in not allowing such testimony to prove Croskey’s failure to warn claim, as these mechanics did not report any concerns or failures to BMW. Further, the appellate court affirmed the trial court’s ruling allowing evidence of dissatisfaction on the
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