McCathern v. Toyota Motor Corp.
Supreme Court of Oregon
23 P.3d 320 (2001)
Linda McCathern (plaintiff) was seriously injured when the 1994 Toyota 4Runner she was riding in rolled over after its driver made a quick series of turns to avoid an oncoming vehicle that had drifted into their lane. McCathern sued Toyota Motor Corporation (defendant), presenting expert testimony that the 4Runner's design was defective, and Toyota itself conceded it could have made the vehicle safer by widening it and lowering its center of gravity, and that it knew many customers mistakenly believed the vehicle's height, which increased rollover risk, was actually a safety feature due to better visibility. The jury found for McCathern, and the trial court denied Toyota's motions for a directed verdict and judgment notwithstanding the verdict; the court of appeals affirmed.
Whether, for purposes of products liability, evidence necessary to support a risk-utility analysis may be provided when consumer expectations about how a product should perform are not within a juror's common experience.