Safer Alternative Design Required for Negligent Design Defect Claims, W. Va. Appellate Court Rules

CHARLESTON, W. Va. — The West Virginia Court of Appeals has ruled that a safer alternative design is required for negligent design defect claims, overturning a judgment issued in favor of a plaintiff in a design defect case against Ford Motor Co.

In the opinion, the court found that West Virginia case law, coupled with the Restatement (Third) of Torts, require a plaintiff to prove an alternative feasible design to prevail on a negligent design claim.

The Circuit Court of Kanawha County denied Ford's motion for judgment as a matter of law, or alternatively, for a new trial, after a …