03-14-2012, 03:27 PM
ordinarily, the Judge would not allow a claim like that unless there is some support for it. Either an expert witness is going to testify that the car did malfunction, or the Defendant is going to have to testify to say that. If he testifies, he is taking a significant risk, and most don't. If there is no evidence at trial to support the claim, that it will be disregarded (or should).