Kaszuba was driving a vehicle owned by his employer, Tesla, when he was involved in an accident with a motorcycle driven by Dugan, who sustained serious injuries.  In summary judgment, the trial court found that Tesla was vicariously liable.  A jury then found Kaszuba 70% at fault and Dugan 30% at fault.  After a bifurcated damages phase of the trial, the jury awarded Dugan $60.7 million in damages.  Tesla and Kaszuba appeal the jury’s verdict and make several arguments, including: (1) the trial court erred by granting a motion for a mistrial during the damages phase deliberations, having an ex parte conversation with the jurors, and then “ungranting” the motion for a mistrial; (2) the verdict was excessive because of Dugan’s counsel’s allegedly improper statements and arguments; (3) the amount of the verdict was not supported by the evidence; (4) the trial court erred in instructing the jury during the damages phase; (5) the trial court abused its discretion by allowing Dugan and a police officer to testify during the liability phase; and (6) Dugan’s counsel’s alleged misconduct during the liability phase warrants a new trial.  Additionally, Tesla argues that the trial court erred by granting summary judgment regarding vicarious liability, and Kaszuba filed an appellee’s brief regarding that issue.

The scheduled panelists are Judge May, Judge Vaidik, and Judge Tavitas.