James Assey v. American Honda Motor Co., Inc. — 4th Cir. (Oct 28, 2026)

No. 25-1705 Argued October 28, 2026 Published October 30, 2026

James and Joan Assey challenge a ruling that kept their manufacturing-defect claim against American Honda from the jury. In 2021, their Honda Odyssey was rear-ended in South Carolina, and James suffered severe spinal injuries. They contend a defective head restraint contributed to those injuries; Honda disputes both the alleged defect and its role in causing harm. A design defect concerns the product's plan; a manufacturing defect concerns a product departing from that plan. The jury rejected the design claim, while the judge took the manufacturing claim away from the jury for insufficient evidence—a directed verdict. The appeal asks whether that second claim should have gone to the jury. Rule Thirty B Six permits an organization to give deposition testimony through a designated representative. Louis Bograd will argue for the Asseys; Abigail Golden will defend Honda.

James Assey v. American Honda Motor Co., Inc. (No. 25-1705) — U.S. Court of Appeals for the Fourth Circuit, argued October 28, 2026.

Sources

Argument audio — official Fourth Circuit recording, October 28, 2026:https://www.ca4.uscourts.gov/OAarchive/mp3/25-1705-20261028.mp3

Official CA4 recording listing — date and current arguing counsel:https://www.ca4.uscourts.gov/oral-argument/oral-argument-audio-files

Official CA4 argument calendar — No. 25-1705:https://www.ca4.uscourts.gov/cal/internetcalOct272026.pdf

District pretrial opinion — Doc. 155, April 18, 2025:https://cases.justia.com/federal/district-courts/south-carolina/scdce/3%3A2022cv02647/273868/155/0.pdf

Prior jury verdict and judgment — district Doc. 262, background pages 1–2:https://cases.justia.com/federal/district-courts/south-carolina/scdce/3%3A2022cv02647/273868/262/0.pdf

Accident and prior trial — defense trial counsel account:https://www.bowmanandbrooke.com/verdicts-and-case-studies/south-carolina-jury-agrees-honda-not-liable-in-crashworthiness-suit

Federal Rule of Civil Procedure 50 — judgment as a matter of law:https://www.law.cornell.edu/rules/frcp/rule_50

Federal Rule of Civil Procedure 30(b)(6) — organizational depositions:https://www.law.cornell.edu/rules/frcp/rule_30

Legal-term context — independent judicial explanation of organizational depositions, pages 14–15:https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_11-cv-08808/pdf/USCOURTS-ilnd-1_11-cv-08808-2.pdf

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