Virginia Supreme Court

Case Status


Docket Number



Case Updates

Petition for rehearing denied

April 24, 2015

Virginia Supreme Court addresses issues of first impression in implied warranty products liability case

January 08, 2015

The Virginia Supreme Court reversed the judgment holding that the Circuit Court erred in admitting the opinion testimony of the Duncans' designated expert witness, who testified that the location of the side airbag sensor in the 2008 Hyundai Tiburon being driven by Gage when he sustained injuries in a single-vehicle accident rendered the Tiburon unreasonably dangerous.

U.S. Chamber files amicus brief on the merits

July 11, 2014

Click here to view the amicus brief.

U.S. Chamber files amicus brief supporting review

January 31, 2014

The U.S. Chamber and the Virginia Chamber of Commerce asked the Supreme Court of Virginia to address issues of first impression in an implied warranty products liability case. In this case, a trial court found that Hyundai’s inclusion of an optional safety feature (a side airbag) rendered the vehicle non-merchantable (e.g., unreasonably dangerous) even though the vehicle complied with the applicable federal safety standards with or without the side airbag.

The amicus brief argued that the trial court erred in their application of the “merchantability” doctrine, in its admission of inadequate expert testimony, and in its jury instructions. The brief warned that the trial court’s interpretation of the implied warranty of merchantability would expose merchants and manufacturers that are fully compliant with federal safety standards to uncertain liability based on nebulous and retroactive standards.

George P. Sibley, III and John E. Beerbower of Hunton & Williams LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.

Case Documents