Friday, April 15, 2011 | 2:05 a.m.
CARSON CITY — The Nevada Supreme Court has ruled that there should not be a new trial after BMW won in a case where a woman was rendered a paraplegic in a one-car rollover near Searchlight ten years ago.
Alyson Roth was sleeping in the back seat of a BMW while Jennifer Stapleton driving. The car was traveling between 70 and 90 mph when it rolled over, ejecting Roth.
She sued Stapleton and BMW. The jury in Las Vegas awarded a $5.9 million judgment against Stapleton, the driver. But it rejected Roth’s claim that a defect in the vehicle caused her to be thrown from the car.
Roth said she was wearing a seat belt, but attorneys for BMW argued she was not at the time of the accident.
District Court Judge Elizabeth Goff Gonzalez granted a new trial to Roth to pursue her claim against BMW.
The Supreme Court, in a unanimous decision written by Justice Kristina Pickering, said Gonzales was wrong to grant the new trial and ordering BMW to pay fees and costs to Roth and Stapleton.