UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA
March 8, 2007
MATTHEW HERBERT, PLAINTIFF
GENERAL MOTORS CORP, ET AL., DEFENDANTS
The opinion of the court was delivered by: Edwin M. Kosik United States District Judge
MEMORANDUM AND ORDER
The Takata defendants have filed a motion to compel functional testing of the subject retractor. Plaintiff opposes the motion claiming the testing will result in fixing the retractor to plaintiff's prejudice.
Plaintiff is proceeding primarily on a malfunction theory which is supported by some independent evidence. Although functional testing cannot guarantee a change in the retractor's condition, there are adequate procedures to safeguard against a resulting change. Regardless, a prejudicial change in the retractor will be aired by the jury.
The motion will be granted based on our acceptance of the Takata assurances contained in Section 1A of the Takata Reply Memorandum to the Motion.
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