Full opinion text
ORDER DOMINGUEZ, District Judge. Plaintiffs filed the instant case against defendant for the damages suffered as a consequence of an automobile accident that occurred in May 2, 1999 where a Ford Explorer over turned and Carlos Bado, the driver, died in the accident. As a consequence of his death, he left behind his then pregnant girlfriend, co-plaintiff Tatiana Cortés, who was a passenger in the vehicle and his daughter, who was born after the accident, co-plaintiff Carolina Bado Cortés. Plaintiffs claim the accident resulted from defendant’s negligence in the making of the vehicle. Pending before the Court are thirteen Motions in Limine filed by the defendant and four Motions in Limine filed by the plaintiffs. Both parties duly opposed to the motions filed by their opponent. However, in some cases, although the plaintiff filed a motion in response to defendant’s request it was simply to inform the Court they had no objection to defendant’s request. For purposes of organization, the Court is to commence with the parties’ unopposed requests followed by defendant’s opposed requests. Finally, the Court shall discuss plaintiffs’ requests. I. Defendant’s Unopposed Motions in Limine A. Defendant Ford Motor Company’s Motion in Limine No. 2 to Preclude Evidence Regarding Irrelevant Recall Notices (Docket No. 136) Defendant requests from the Court to preclude any evidence regarding irrelevant recall notices pertaining to Ford Explorer or any other vehicle including a recall pertaining to the front axle stabilizer bar of the Ford Explorer. Defendant sustains said evidence is irrelevant to the issues involved in this case. Accordingly, pursuant to Fed. R. of Evid. 402, the evidence should be excluded. Plaintiffs informed the Court they do not object to the exclusion of said evidence. (Docket No. 165). However, plaintiffs reserved the right to present evidence of the entire front suspension system, including the front axle stabilizer, as well as other components dealing with the stability of the 1996 Explorer. Since no objection has been presented, defendant’s Motion in Limine No. 2, (Docket No. 136), is hereby GRANTED. B. Defendant Ford Motor Company’s Motion in Limine No. 4 to Exclude Any and All Evidence of or Reference to the Ford Pinto or the Firestone Tire Recall (Docket No. 138) Defendant requests the exclusion of any references or argument to the Ford Pinto and/or the Bridgestone/Firestone tire recall. Defendant sustains the Ford Pinto and the Firestone tire recall are irrelevant to the issues of this case. Further, defendant avers said evidence constitutes inadmissible evidence of character and, furthermore, defendant alleges that any probative value that said evidence may have is substantially outweighed by the prejudice, confusion and prolongation of trial that the admission of said evidence would cause. Accordingly, pursuant to Fed. R. of Evid. 401, 402 and 403 said evidence should be excluded. Plaintiffs informed the Court that they do not object to the exclusion of said evidence. (Docket No. 167). Consequently, defendant’s Motion in Limine No. 4, (Docket No. 138), is hereby GRANTED. C. Defendant Ford Motor Company’s Motion in Limine No. 8 to Preclude Evidence of Subsequent De-siyn Changes (Docket No. 142) Defendant requests the Court to preclude all evidence, questions, references and testimony in trial and voir dire as to subsequent design changes of the Ford Explorer after the 1996 model. Defendant sustains that, pursuant to Fed. R. of Evid. 407, said evidence is inadmissible. Plaintiffs have informed the Court they do not intend to present evidence of subsequent remedial measures to establish a design effect or to demonstrate defendant has taken these measures. Accordingly, plaintiffs do not oppose to defendant’s request and the issue is moot. Since no opposition has been presented to defendant’s request, Ford’s Motion in Limine No. 8, (Docket No. 192), is hereby GRANTED. D.Defendant Ford Motor Company’s Motion in Limine No. 13 to Exclude References to Closing Argument in Buell-Wilson Litigation (Docket No. 141). Defendant requests the Court to exclude from plaintiffs’ closing argument references to the Bull-Wilson litigation. Defendant anticipates plaintiffs will seek to introduce into evidence portions of the closing argument made by an attorney representing Ford in a civil trial held California entitled Benetta Buell-Wilson v. Ford Motor Company, California Superior Court, San Diego County No. G1C800836. Defendant sustains Ford’s attorney made several statements that were misportrayed in the press as admissions of liability on the part of Ford. Defendant requests the Court to preclude the plaintiffs, attorney and/or experts from making reference to said comments. Plaintiff do not object to defendant’s request, unless a reading of the entire transcript of said proceedings reveals an admission by Ford admissible herein pursuant to the Federal Rules of Civil Procedure.(Docket No. 174). Accordingly, defendant’s Motion in Limine No. 13, (Docket No. 141), is hereby GRANTED. II. Plaintiffs’ Unopposed Motions in Limine A. Plaintiffs’ Motion in Limine to Exclude Testimony About Prevalence of Alcohol Related Accidents in the Area (Docket No. 148) Plaintiffs request the Court to exclude Officer Leslie Ana Rosado Muñoz’s and Sgt Allen Andujar’s testimony as to the prevalence of alcohol related accidents. Plaintiffs sustain neither officer has personal knowledge as to the prevalence of alcohol related accidents in State Road 102 where the accident, in the instant action, occurred. Further, plaintiffs aver said evidence is not relevant to, nor probative of, any facts in the case. Accordingly, plaintiffs request that, pursuant to Fed. R. of Evid. 401, 402, 701, 801 and 802, said evidence be excluded from the case. Defendant does not oppose to plaintiffs’ request.(Docket No. 159). Accordingly, plaintiffs’ Motion in Limine to Exclude Testimony About Prevalence of Alcohol Related Accidents in the Area, (Docket No. 148), is hereby GRANTED. B. Plaintiffs’ Motion in Limine to preclude Commentary or Testimony Geared to Justify a Verdict Against Plaintiffs as a “Matter of Principle” and/or to “Send a Message” (Docket No. 155) Plaintiffs seek exclusion of any comment or argument from witnesses or counsel as to the allegation that Ford is defending this case “as a matter of principle” or uprightness or that a verdict in its favor, is justified as a “matter of principle” or to “send a message” to people driving under the influence or driving above the speed limit, not to sue Ford for damages. Plaintiffs sustain these comments have no probable value and could unduly influence the jury against plaintiffs and detract from the real issues of the case. Defendant does not oppose to plaintiffs’ request. (Docket No. 159). Accordingly plaintiffs’ Motion in Limine to preclude Commentary or Testimony Geared to Justify a Verdict Against Plaintiffs as a “Matter of Principle” and/or to “Send a Message” (Docket No. 155) is hereby GRANTED. III. Defendants Opposed Motions in Limine A. Defendant Ford Motor Company’s Motion in Limine No. 1 to Preclude Plaintiffs from Presenting Any Evidence of Mild Traumatic Brain Injury (Docket No. 135) Defendant moves the Court to preclude plaintiffs from presenting at trial all evidence as to any mild traumatic brain injury of co-plaintiff Tatiana Cortés. Defendant sustains said evidence should be precluded because the same is unsupported by medical evidence. Defendant alleges plaintiffs’ expert Dr. Margarida, a neu-ropsychologist, is not a neurologist nor a doctor in medicine and concedes she cannot make a diagnosis of mild traumatic brain injury in the absence of a diagnosis from a neurologist. Defendant sustains the neurologist who treated plaintiff Tati-ana Cortés before and after the accident, Dr. Angel Chinea, ruled out any neurological damage or impairment as a result of the accident. Further, Dr. Margarida has never treated plaintiff Tatiana Cortés as a therapist or a treating neuropsychol-ogist and, as she concedes, is not an expert on mild traumatic brain injury since she has not performed extensive research or writing on the field. Accordingly, defendant sustains Ford would be unfairly prejudiced pursuant to Fed.R.Evid. 403, if plaintiffs are allowed to present Dr. Mar-garida, a psychologist, -to establish an organic neurological deficiency stemming from the accident. Further, by her own admission, Dr. Margarida is not qualified to render an opinion as to a mild traumatic brain injury absent an independent neurological diagnosis and pursuant to Fed.R.Evid. 702 her testimony should be excluded. Plaintiff duly opposed the request (Docket No. 164). Plaintiff sustains Dr. Margarida has almost 20 years of experience in the field of neuropsychology, she is a member of the National Academy of Neuropsychology, and has attended seminars of mild traumatic brain injury. Plaintiffs aver that, based on Dr. Margarida’s experience, training and education she is qualified to testify on the subject of mild traumatic brain injury. Further, plaintiffs allege this expert’s conclusions are substantiated by interviews she conducted of Cortés, her parents, treating physicians and her later review of Cortés’ medical records. Further, after practicing several tests on her, Dr. Margarita concluded that Cortés met the criteria for mild traumatic brain injury. Rule 702 of the Federal Rules of Evidence specifically addresses expert witnesses. This rule grants all expert witnesses testimonial latitude unavailable to other witnesses on an assumption that the expert’s opinion will have a reliable basis in the knowledge and experience of his discipline. “Where such testimony’s factual basis, data- principles methods or their application are called sufficiently into question, the trial judge must determine whether the testimony has ‘a reliable basis in the knowledge and experience of the [relevant] discipline.’” Kumho Tire Co., Ltd., et. al. v. Carmichael, et. al., 526 U.S. 137, 149, 119 S.Ct. 1167, 143 L.Ed.2d 238(1999) quoting Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 at 592, 113 S.Ct. 2786, 125 L.Ed.2d 469(1993). See also Id. at 594. (“The inquiry envisioned by Rule 702 is, we emphasize, a flexible one. Its overreaching subject is the scientific validity and thus the eviden-tiary relevance and reliability of the principles that underlie a proposed submission. The focus, of course, must be solely on principles and methodology, not on the conclusions that they generate”). Trial courts have great latitude in assessing whether the expert testimony will materially assist the jury. United States v. Sebaggala, 256 F.3d 59, 65 (1st Cir., 2001) citation omitted. The judge functions as a gatekeeper of proffered expert evidence to ensure that the same is relevant and has a reliable foundation. The Court plays the role of the gatekeeper, but only as to two aspects: (1) the existence of sufficient facts and/or data to allow an expert to reach a conclusion and; (2) the reliability of the principles and methods used to arrivé at those opinions. The ultimate weight! of an expert’s opinion is for the trier of fact, that is, the jury who may then evaluate the weight and credibility of the expert. This Court has ample discretion when determining whether it should admit or exclude expert testimony. Irvine v. Murad Skin Research Labs., 194 F.3d 313, 320 (1st Cir., 1999). If an opponent objects to a proposed expert witness, the Court must determine its reliability. In some cases, a Daubert Hearing must be held. Said hearing is unnecessary “where the reliability of the expert’s methods are taken for granted” Kumho Tire Co. v. Carmichael, 526 U.S. at 152, 119 S.Ct. 1167. Further, on occasions, the Court has sufficient information to make a determination without the necessity of holding a hearing. Nelson v. Tennessee Gas Pipeline Co., 243 F.3d 244, 249 (6th Cir., 2001). The Court finds defendant has presented a Daubert challenge as to the qualifications of plaintiffs’ expert Dr. Margarida to testify, in the form of an opinion, as to plaintiffs’ contention that plaintiff Tatiana Cortés suffered Mild Traumatic Brain Injury as a result of the accident. The Court shall hold a Daubert Hearing to determine if Dr. Margarida, as a neuropsychologist and without support of any medical evidence as to the diagnosis of said condition, is qualified to testify as to plaintiff Tatiana Cortés’ alleged Mild Traumatic Brain Injury. Until then, defendant’s request for the exclusion of Dr. Margarida’s expert testimony (Docket No. 135) is DENIED without prejudice until the court holds the hearing before trial. B. Defendant Ford Motor Company’s Motion in Limine No. 3 to Preclude Evidence of Other Accidents, Lawsuits or Claims (Docket No. 137) Defendant moves the Court to preclude any evidence of other accidents, lawsuits or claims concerning the Ford Explorer. Defendant sustains said evidence is irrelevant because plaintiff cannot establish the similarity of other incidents to the instant case. Further, defendant contends even if substantial similarity could be established, this evidence should be excluded because the potential prejudice outweighs its probative value under Fed. R. of Civ. 403. Introduction of said evidence, defendant avers, could inflame the jury and likely cause the jury to render a decision on an improper basis. Plaintiffs duly opposed defendant’s request (Docket No. 166). Plaintiffs sustain the evidence defendant requests to exclude is relevant in order to establish that Ford was on notice that the 1996 Ford Explorer had stability problems and/or that its seat-belt, the RCF67, was subject to inertial unlatching of seat belts. Plaintiffs aver that evidence in order to establish that defendant was put on notice of the defect does not require that the previous incidents necessarily occurred in identical circumstances. Further, plaintiffs sustain prior incidents of inertial unlatching are admissible to rebut Ford’s contention said events do not occur in real crashes and that constitutes a “parlor trick”. In order to be admissible in Court, pursuant to the Federal Rules of Evidence, any purported evidence must be relevant. Evidence is considered as relevant when it has a “tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed. R. of Evid. 401. However, even relevant evidence “may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of issues or misleading the jury or by considerations of undue delay, waste of time or needless presentation of cumulative evidence.” Fed. R. of Evid. 403. Under this rule, the Court has “considerable latitude in determining whether to admit or exclude evidence”. Santos v. Sunrise Medical, 351 F.3d 587, 592 (1st Cir., 2003) citing Espeaignnette v. Gene Tierney, 43 F.3d 1, 5 (1st Cir.1994). However, “[b]e-cause Rule 403 requires the exclusion of relevant evidence, it is an extraordinary measure that should be used sparingly.” Campbell v. Keystone Aerial Surveys, 138 F.3d 996, 1004 (5th Cir., 1998) quoting United States v. Morris, 79 F.3d 409, 411 (5th Cir., 1996) citations omitted. In sum, the Federal Rules of Evidence allow the Court to exclude relevant evidence if the probative value of the evidence is outweighed by the possibility of unfair prejudice to one of the parties. The Court has discretion in conducting the weighing process. Raymond v. Raymond Corp. 938 F.2d 1518, 1523 (1st Cir., 1991). Plaintiffs seek to present to the jury evidence as to prior accidents to establish Ford was on notice the 1996 Ford Explorer had stability problems and/or its seat-belt, the RCF67, was subject to inertial unlatching. Defendants seek to preclude the evidence alleging that said evidence is irrelevant and, even if the Court concludes that the evidence is relevant, the same should be excluded because the evidence’s probative value is outweighed by the potential prejudice. Defendant sustains said evidence is irrelevant because the plaintiffs have not established the “substantial similarity” of previous accident with the accident. Plaintiffs claim, on the other hand, that substantial similarity is not required when the evidence is presented in order to establish defendant was put on notice as to the stability problems of the 1996 Ford Explorer and/or that the inertial unlatching of its seatbelt, the RCF67, may occur in real life accidents. The Court disagrees. Evidence of prior accidents may be relevant and, therefore, comply with the relevancy requirement of Rule 401. However, its admissibility must be evaluated carefully due to their inflammatory nature. “For evidence, of other accidents to be relevant [ ... ] the other accidents must be ‘substantially similar to the one at issue.’ ” Shields v. Sturm, Ruger and Co., 864 F.2d 379 (5th Cir., 1989) citing Jackson v. Firestone Tire & Rubber Co., 788 F.2d 1070, 1082-83 (5th Cir., 1986). In other words, “evidence of prior accidents is admissible ... only if the proponent of the evidence shows that the accidents occurred under circumstances substantially similar to those at .issue in the case at bar.” Moulton v. Rival Co., 116 F.3d 22, 26-27 (1st Cir., 1997) quoting McKinnon v. Skil Corp., 638 F.2d 270, 277 (1st Cir., 1981). However, “[e]ven when substantial identity of the circumstances is proven, the admissibility of such evidence lies within the discretion of the judge who must weigh the dangers of unfairness, confusion and undue expenditure of time in the trial of collateral issues against the factors favoring admissibility.” Caraballo-Rodrígurez v. Clark Equipment Co., 147 F.Supp.2d 66, 74 (D.P.R., 2001) citing McKinnon v. Skil Corp., 638 F.2d at 277. Hence, although evidence of prior accidents may be relevant, the Court may use its discretion to exclude it should the court finds the potential prejudice that could be caused by the evidence outweighs its probative value. The substantially similarity doctrine allows a party to present in evidence prior accidents involving the defendant in order to demonstrate “notice, magnitude of the danger involved, the [party’s] ability to correct a known defect, the lack of safety for intended use ...” Heath v. Suzuki Motor Corp. 126 F.3d 1391, 1396 (11th Cir.1997) quoting Jones v. Otis Elevator Co., 861 F.2d 655, 661 (11th Cir., 1988). See also First Security Bank v. Union Pacific Railroad Co., 152 F.3d 877-79 (8th Cir., 1998) quoting Thomas v. Chrysler Corp. 717 F.2d 1223, 1225 (8th Cir., 1983) (“Although evidence of prior accidents may be admissible to prove no-j tice on the part of a defendant, any suchj accidents admitted must be ‘sufficiently! similar in time, place or circumstances td be probative.’ ”) The admission of said evidence is “predicated upon a showing that the circumstances surrounding them were substantially similar to those involved in the present case.” Ponder v. Warren Tool Corp., 834 F.2d 1553, 1560 (10th Cir., 1987) quoting Karns v. Emerson Elec. Co. 817 F.2d 1452, 1460 (10th Cir.1987) However, when said evidence is presented to demonstrate notice or defendant’s knowledge as to a dangerous condition, the rule requiring substantial similarity of those accidents with the accident at issue is more relaxed, “and any differences in the circumstances surrounding the occurrences go merely to the weight to be given to the evidence.” Shields v. Sturm, Ruger and Co., 864 F.2d at 381 citing Jackson v. Firestone Tire & Rubber Co, 788 F.2d 1070, 1083 (5th Cir.1986). See also Exum v. General Electric Co., 819 F.2d 1158, 1162-63 (D.C.Cir., 1987) quoting Weinstein & Berger, Weinstein’s Evidence § 401[10] at 401-66-67 (“if the accident is offered to prove notice, a lack of exact similarity of conditions will not cause exclusion provided the accident was of a kind which should have served to warn the defendant.”). See also Ponder v. Warren Tool Co., 834 F.2d at 1560.(“If the accident is offered to prove notice, a lack of exact similarity of the conditions will not cause exclusion provided the accident was of a kind which should have served to warn the defendant.” citations omitted); Four Corners Helicopters v. Turbomeca, 979 F.2d 1434, 1440 (10th Cir.1992) quoting Wheeler v. John Deere Co., 862 F.2d 1404, 1407 (10th Cir.1988) (“the requirement of substantial similarity is relaxed, however, when the evidence of other incidents is used to demonstrate notice or awareness of a potential defect.”) Plaintiffs have failed to establish the similarity of the proposed evidence of prior accidents to the accident in the instant case. Plaintiffs simply sustain that, due to the fact that the evidence is to be presented in order to establish that defendant had notice as to the stability problems of the 1996 Ford Explorer, they are not required to establish said similarity. The Court disagrees. “Even when [the evidence] is offered solely to show notice, the proponent of such evidence must establish reasonable similarity.” Johnson v. Ford Motor Co., 988 F.2d 573, 580 (5th Cir., 1993). Further,, the Court considers evidence of prior accidents, in order to establish that the seat belt unlatching may occur, should also comply with the substantial similarity doctrine. Notwithstanding, the Court DENIES WITHOUT PREJUDICE defendant’s Motion in Li-mine No. S to Preclude Evidence of Other Accidents, Lawsuits or Claims (Docket No. 137). Should the plaintiffs establish the “reasonable similarity” of the prior accidents to the accident in the instant case, the Court would then address if the evidence, although relevant, should be excluded due to Rule 403’s considerations. Plaintiff shall be granted a last opportunity at the Daubert hearings to be held by the court, if no evidence is available this motion is to be granted. C. Defendant Ford Motor Company’s Motion in Limine No. 5 to Preclude Post Mortem Photographs of the Deceased (Docket No. 139) Defendant moves the Court to preclude the introduction of post mortem photographs of the deceased, Carlos Bado, taken at the scene of the accident and during his autopsy. Defendant sustains said photographs are irrelevant. Further, defendant claims that, even should the Court deem the photographs relevant, they are to be precluded pursuant to Fed.R. Evid. 403. Plaintiffs have no objection to the exclusion of autopsy photos unless its admission is required due to any oral testimony elicited during the trial.(Docket No.168). Accordingly, defendant’s request for the exclusion of autopsy photographs is hereby GRANTED. However, plaintiffs contend the photographs taken at the scene of the accident are relevant and its prejudicial effect, if any, is outweighed by their probative value. Plaintiffs sustain that photographs are admitted when they are probative of a relevant fact. Plaintiffs intend to present accident scene photos, including the decedent’s body, in order to show the condition of his body to establish moral damages for co-plaintiff Tatiana Cortés. Further, plaintiffs aver that, since they contend that after the accident Mr. Bado was conscious and tried to speak, it is important for the jury to see these photos in order to be able to determine if, in fact, the decedent was able to try to speak as claimed by witnesses. Furthermore, plaintiffs allege that, although the photos portray the lifeless body of Mr. Bado, the photos are not so gruesome in nature as to inflame the jury against the defendant. Evidence is considered as relevant when it has a “tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed. R. of Evid. 401. However, even relevant evidence “may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of issues or misleading the jury or by considerations of undue delay, waste of time or needless presentation of cumulative evidence.” Fed. R. of Evid. 403. An exclusion pursuant to Rule 403 is an extraordinary measure that should be used in limited situations since it is an exclusion of relevant evidence. Under this rule, the Court has “considerable latitude in determining whether to admit or exclude evidence”. Santos v. Sunrise Medical, 351 F.3d at 592 citing Espeaignnette v. Gene Tierney, 43 F.3d at 5. The proposed photographs of Mr. Bado at the accident scene may be relevant in order to establish co-plaintiff Tatiana Cortés’ moral damages claim. Further, the photographs may assist the jury in determining either if Mr. Bado, after the accident, as claimed by the plaintiffs, was conscious and tried to speak or, to the contrary, as claimed by defendants, he was unconscious and died immediately, if not instantly. • The Court has reviewed the photographs. However, the Court shall refrain from issuing its decision until it receives evidence as to the facts of the accident, what happened after the accident, if Tatiana Cortés saw Mr. Bado’s body after the' accident and for how long did she had access' to her boyfriend’s body on the conditions portrayed by the photographs. After receiving this evidence, the Court shall make a determination as to the relevancy of the proposed evidence pursuant to Fed. R. of Evid. 401. Should the Court find the evidence relevant, then it will determine if the same, although relevant should be excluded under Rule 403 considerations. The parties are reminded that a 403 exclusion should be used sparingly. United States v. Morris, 79 F.3d at 411. The Court “has broad discretion in assessing admissibility under Rule 403.” Campbell v. Keystone Aerial Surveys, 138 F.3d at 1004. The fact that the photographs may be chilling and/ or gruesome does not mean that the trial court has to exclude them. Haley v. Gross, 86 F.3d 630, 645-646 (7th Cir., 1996). See also Campbell v. Keystone Aerial Surveys, 138 F.3d at 1004-1005 (citing several circuits’ decision upholding district courts’ decisions to admit the photographs, or their decision to exclude them pursuant to Rule 403). Accordingly, the defendant’s Motion in Limine No. 5 to preclude the post mortem photographs of Mr. Bado at the scene of the accident (Docket No. 139) is hereby DENIED WITHOUT PREJUDICE. (The matter as to post Mortens photograph requires no further consideration, the court shall rule at- trial.) D. Defendant Ford Motor Company’s Motion in Limine. No. 6 to Preclude Plaintiffs, their Attorneys, or their Experts from makiny Reference to or Presenting Evidence of News Articles or Television Programs Regarding or Referring to the Ford Explorer (Docket No. 140) Defendant requests the Court to preclude plaintiffs, their attorney or experts to make reference or presenting evidence of news articles or television programs, including the testing described on those programs and/or articles regarding or referring to the Ford Explorer. Defendant sustains the contents of these articles and/or programs is irrelevant, constitutes hearsay and is prejudicial. Accordingly, the same should be excluded from trial. Plaintiffs duly opposed defendant’s request (Docket No. 169). Plaintiffs claim that, pursuant to Fed. R. Evid. 703, said evidence may be admitted if the experts relied upon it in order to form their opinions or make reasonable inferences upon a subject. First, the Court asserts defendant’s contention as to any material related to the Ford/Bridgestone litigation. Defendant sustains that any program or article referent to the Ford/Bridgestone litigation as to defective tires is irrelevant since in the instant case, plaintiffs’ tire expert already testified there was no defect on the tires of the Explorer at issue. Further, plaintiffs are not presenting evidence of tire defect since they dismissed their claim against Firestone. The Court agrees. Accordingly, plaintiffs are precluded from presenting any article or T.Y. program related to defective tires or the above mentioned litigation. Consequently, defendant’s request for the exclusion of any news articles, or television programs, including the testing described on those programs and/or articles regarding or referring to tire defect, is hereby GRANTED. As to articles or television programs related to the Ford Explorer, defendant sustains said evidence describing accidents on Explorers refers to accidents that are not substantially similar to the accident in this case. Accordingly, said evidence is irrelevant and plaintiffs should be precluded from presenting it. Further, defendant sustains that the articles and programs constitute inadmissible hearsay. There is no doubt that evidence as to news articles or television programs is inadmissible hearsay if offered to prove the truth of the matter discussed in them. See Fed. R. of Evid. 801(c). See also United States v. Hatchett, 918 F.2d 631 at 642 (6th Cir., 1990). However, should said evidence contain information as to- prior accidents, as previously explained, in order to be admitted, that is the evidence as to the prior accidents, plaintiffs have to establish that said accidents are substantially similar to the accident in the instant case. See discussion ante as where the Court addressed defendant’s Motion in Limine No. 3 to Prechide Evidence of Other Accidents, Lawsuits or Claims (Docket No. 137). Plaintiffs have failed to establish the “substantial similarity” of the proposed evidence of prior accidents to the accident in the instant case. Plaintiffs limited their opposition to alleging that the evidence should be permitted pursuant to Fed. R. of Evid. 703. The Court first addresses the issue of relevancy since irrelevant evidence has no place in the court room. As previously discussed, evidence is considered as relevant when it has a “tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed. R. of Evid. 401. In the case of prior accidents, in order for the evidence to be relevant and, therefore, admitted, the proponent of the evidence must establish “substantial similarity” of the facts of the accident that they intend to present with the accident object of the litigation. Plaintiffs have failed to establish said similarity since they contend that the evidence is admissible on other grounds. Plaintiffs invoke Fed. R. of Evid. 703 as grounds for the admission of this evidence. The Fed. R. of Evid. 703 provides that information “... of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not to be admissible in evidence in order for the opinion or inference to be admitted.” The rule goes on to state that said facts or data that is not admissible “shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.” This rule allows the admission of expert testimony based on “facts or data ... of a type reasonably relied upon by experts in the particular field.” Trull v. Volkswagen of America 187 F.3d 88, 97 (1st Cir., 1999) citations omitted. In sum, the rule allows the expert testimony based on said inadmissible facts or data, it does not allow the data itself. Engebretsen v. Fairchild Aircraft Corp. 21 F.3d 721, 728-729 (6th Cir., 1994) (experts may rely on inadmissible material in forming the basis of opinions, but inadmissible material may not be admitted for truth of the matter asserted.); See Cotchett Joseph W., Federal Courtroom Evidence (5th ed), Mathew Bender & Co., (2003), § 703.3 at 19-46 quoting Committee Note (2000)(“Rule 703 has been amended to emphasize that when an expert reasonably relies on inadmissible information to form an opinion or inference, the underlying information is not admissible simply because the opinion or inference is admitted.”) Hence, plaintiffs’ reliance on this rule is misplaced. The rule simply permits an expert witness to rely on this type of information to base this conclusions or inferences. It is not a rule that would allow the admittance of the evidence otherwise inadmissible. Plaintiffs’ experts may base their opinions on said inadmissible evidence, providing that it is established that said evidence is “of a type reasonably relied upon experts in the particular field.” Fed. R. of Evid. 703. Accordingly, plaintiffs’ contention that said evidence may be admissible pursuant to this rule is simply misplaced. Notwithstanding, since said evidence could potentially contain evidence as to prior accidents that could be admissible after a showing that the said accidents occurred in “substantially similar” circumstances as to the accident object of this action, defendant Ford Motor Company’s Motion in Limine No. 6 to Preclude Plaintiffs, their Attorneys, or their Experts from making Reference to or Presenting Evidence of News Articles or Television Programs Regarding or Referring to the Ford Explorer (Docket No. 140) is hereby DENIED WITHOUT PREJUDICE. Should no evidence exists at to “substantial similarity” this motion is to be granted. E. Defendant Ford Motor Company’s Motion in Limine No. 7 to Exclude any Reference to or Evidence, Testimony or Argument Concerning the Design and Development History of the Bronco II and the First Generation Explorer (Docket No. 141) Defendant moves the Court to preclude plaintiffs from introducing or making reference ,to the design and development history ■ of the Bronco II and the first generation Explorer (UN46). Defendant sustains that said evidence is irrelevant and, accordingly, must be excluded pursuant to Fed.R.Evid. 401 and 402. Defendant alleges that, since the UN46 (first generation Explorer) and the UN105 (second generation Explorer, the vehicle in the instant case) are two different vehicles evidence concerning the UN46 is irrelevant. For the same reasons, defendant further avers any evidence as to the Bronco II should also be excluded. In the alternative, defendant sustains said evidence should be excluded pursuant to Fed. R. of Evid. 403. Plaintiffs opposed defendant’s request (Docket Nos. 173 and 178). Plaintiffs allege said evidence, which was presented by plaintiffs’ expert Dr. David Renfroe, is admissible pursuant to Fed. R. of Evid. 702 and 703. Plaintiffs sustain evidence of design and development history of the Bronco II and UN46(fírst generation Explorer) is pertinent to establish that Ford knew before releasing for production UN105 (second generation Explorer) of design factors which contributed to rollover and yet failed to make the necessary changes to the UN105’s design. Plaintiffs claim facts or data that are otherwise inadmissible can be disclosed to the jury by the proponent of the opinion when its probative value of assisting the jury to understand the expert outweighs their prejudicial effect. Plaintiffs sustain that, since Ford denies that the 1996 Explorer (UN105) was defective when it left it hands, evidence to demonstrate that Ford was aware of the design factors that contributed to the vehicle’s rollover is admissible since its probative value, outweighs any prejudicial effect. The Court must first address the relevancy of the evidence. There is no doubt that neither the first generation Explorer (UN46) nor the Bronco II are the same vehicle as the one subject to this litigation. It is plaintiffs’ contention that certain aspects of these three models which were key to the rollover stability of these vehicles were not changed for the 1996 Explorer. Plaintiffs aver that, even after Ford allegedly had knowledge as to the design factors that contributed to the vehicles’ roll over propensity, it failed to make the changes before releasing the UN105, the vehicle in the instant case. In sum, plaintiffs contend evidence of the design and development history of these two vehicles is pertinent to establish that Ford was on notice, before releasing the UN105, the vehicle in the instant case. The Court finds that, in the matter that plaintiffs’ evidence makes more probable or less probable the fact that Ford knew, before releasing the UN105, second generation Explorer object of the instant case, of design factors which allegedly contributed to rollover and it failed to make the changes to the design, the evidence is relevant to the instant case, where defendant contends that the vehicle object of this litigation had not defect. Fed. Rule of Evid. 401. Defendant requests the Court that, in the event the Court would find these evidence relevant, the same should be excluded pursuant to Rule 403 considerations. The Court disagrees. In determining if certain relevant evidence must be excluded due to Rule 403 considerations, the Court has considerable discretion. Santos v. Sunrise Medical, 351 F.3d at 592. Although the Court accepts that even relevant evidence “may be excluded if its probative value is outweighed by the danger of unfair prejudice ...” Fed. R. of Evid. 403, “[b]ecause Rule 403 requires the exclusion of relevant evidence, it is an extraordinary measure that should be used sparingly.” Campbell v. Keystone Aerial Surveys, 138 F.3d at 1004 quoting United States v. Morris, 79 F.3d at 411 citations omitted. The Court finds that this is not a situation, where this extraordinary measure is warranted. Further, the court cannot proceed to preclude the evidence because there are issues of weight and credibility as to similarities and dissimilarities in the two version of the vehicle in question. For the aforementioned reasons, defendant’s Motion in Limine No. 7 to Exclude any Reference to or Evidence,' Testimony or Argument Concerning the Design and Development History of the Bronco II and the First Generation Explorer (Docket No. 141) is hereby DENIED. F. Defendant Ford Motor Company’s Motion in Limine No. 9 to Preclude Testimonial Evidence in Support of the Survival Claim (Mr. Bado’s State of Consciousness) (Docket No. 143) Defendant requests the Court to preclude plaintiffs from presenting testimonial evidence in support of plaintiffs survival claim. Defendant sustains that, since plaintiffs own forensic pathologist was unable to support plaintiffs claim and the Court precluded his testimony as to this aspect, plaintiffs should be precluded from presenting other evidence to support their contention that after the accident, Carlos Bado was conscious. Defendant avers the proffered evidence will not aid the jury in determining the fact as to whether Carlos Bado consciously suffered before he died. Defendant further contends that, in the instant case, the lay jurors will not understand, without the aid of expert testimony, whether Mr. Bado was conscious or' not after the accident. Since plaintiffs were already precluded to present Dr. Lan-drón’s testimony, no testimonial evidence should be admitted in support of plaintiffs’ survival claim. Plaintiffs opposed said request (Docket No. 171). Plaintiffs sustain co-plaintiff Carolina Bado Cortes, seeks redress for the damages inflicted to her father as a result of the accident where he lost his life. Accordingly, she intends to demonstrate his father did not die instantly. Further, she intends to demonstrate, through the testimony of eye witnesses (Israel Domin-icci, Georgina González and Tatiana Cortés), her father was breathing, with a pulse, opened his eyes and intended to speak. Furthermore, plaintiffs contend that, although Dr. Landrón was precluded from testifying about Bado’s state of consciousness and alcohol redistribution, that does not preclude the plaintiffs from using him as a witness for other issues or to use other witnesses to address the issues of alcohol impairment and consciousness. As lay witnesses, Israel Dominicci, Georgina González and Tatiana Cortés will testify as to what they saw. Plaintiffs intend to present evidence as to Mr. Bado’s alleged minutes of consciousness before he died as a result of a car accident. Plaintiffs witnesses Israel Dominicci and Tatiana Cortés are proposed to testify as to Mr. Bado’s alleged actions (breathing, with a pulse, opened his eyes and intended to speak) that allegedly would help the jury to make a finding that Mr. Bado did not die instantly and that he was conscious for a period of time. Defendant sustains that since this Court already exclude Dr. Landrón’s testimony as to Mr Bado’s state of consciousness, the Court should also exclude the testimonial evidence proffered by the plaintiffs as to this controverted fact. The Court disagrees. This Court excluded Dr. Landrón testimony as to alcohol distribution and as to Mr. Bado’s state of consciousness after the accident. (Docket No. 134). In excluding Dr. Landrón’s expert testimony, the Court reasoned that since Dr. Landrón concluded that there was a fifty percent chance that Mr. Bado remained conscious for several minutes after the vehicle rolled over him, the Court failed to find “how said testimony would help the Jury reach a conclusion more than the throwing of a coin could.” Id at p. 3. Accordingly, the Court excluded Dr. Landrón’s testimony as to the probability that Bado-Barreto remained conscious after he was rolled over by the Explorer. Further, the Court excluded Dr. Landrón’s testimony as to his theory in alcohol distribution after concluding that “Dr. Landrón [was] providing merely yet another opportunity for speculation.” Id. at p. 4.The Court concluded that Dr. Landrón’s opinion was “not predicated on facts legally sufficient to provide a basis for his expert opinion.” Id. In other words, the Court’s exclusion of this expert’s opinion responded strictly to Dau-bert considerations. Plaintiffs’ proposed witness testimony as to Mr. Bado’s consciousness consists of the testimony of three factual witnesses who were at the scene of the accident and are to testify as to what they saw. Definitely, said testimony is relevant since it has a “tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed. R. of Evid. 401. Accordingly, the testimonial eye witness evidence should be admitted. The Court fails to find how said testimony could confuse the issues in order to warrant its exclusion pursuant to Rule 403 which is an extraordinary remedy that should be used sparingly. Campbell v. Keystone Aerial Surveys, 138 F.3d at 1004 quoting United States v. Morris, 79 F.3d at 411. Defendant’s contention that expert testimony is required to help the jury make a determination as to whether Mr. Bado was conscious or not after the accident also fails. The fact that plaintiff may present only factual witnesses instead of expert testimony to support their contention as to Mr. Bado’s state of consciousness goes directly to the weigh the jury may attribute to the evidence, not its admissibility. Accordingly, defendant’s request for the exclusion of any factual witness’ testimony (Docket No. 143), Israel Dominicci, Georgina González and Tatiana Cortés as to Mr. Bado’s alleged actions in order to establish his state of consciousness after , the accident is hereby DENIED. However, plaintiffs’ intention to present Dr. Landrau to testify as to the fact that to demonstrate that despite Mr. Bado’s fatal injuries he did not die instantly, is an attempt to circumvent this Court’s ruling as to the exclusion .of his expert testimony pursuant to Daubert considerations. Accordingly, as to Dr. Landrau’s expert testimony, defendant’s request is hereby GRANTED, (Docket No. 143). Hence, Docket No. 143 is partially granted and partially denied as set forth herein. G. Defendant Ford Motor Company’s Motion in Limine No. 10 to Preclude Certain Fact Witness Testimony (Docket No. 144) Defendant moves the Court to preclude plaintiffs from presenting testimony as to: (1) the events surrounding the accident; (2) as to an alleged tire explosion and; (3) testimonial evidence, other than plaintiffs economic expert, to establish economic loss. Plaintiffs duly opposed defendant’s request (Docket No. 172). 1. Testimonial evidence as to the events surrounding the accident Defendant requests from the Court to exclude testimonial evidence from individuals who did not witness the accident, nor of the events that occurred immediately after the accident (i.e.(l) Iván Bado, brother of Carlos Bado). Defendant sustains this witness was not present at the accident, and hence, did not experience or witness the accident. Defendant acknowledges plaintiffs proffered that this witness is to testify as to the events that surrounded the accident. However, defendant claims any testimony of this witness is irrelevant. Further, defendant avers the emotionally charged testimony would cause unfair prejudice which outweighs any probative value. On the other hand, plaintiffs allege Iván Bado’s testimony (decedent’s brother), is not cumulative since he was with the deceased all day and immediately before the accident. Further, he knows the deceased was in the habit of wearing a seatbelt and interacted with Tatiana Cortés immediately after the accident and, therefore can testify as to her state of hysteria after the accident. Iván Bado is to.testify as to his brother’s habit of wearing a seatbelt, as to his conduct before the accident and as to Tatiana Cortés’ state of hysteria immediately after the accident. His testimony as to the Mr. Bado’s habit in wearing, a seat-belt is relevant as to defendant’s allegation of comparative negligence. Pursuant to Fed. R. of Evid. 406 “[e]videnee of the habit of the person ... is relevant to prove that the conduct of the person ... .was in conformity with the habit.” In other words, Iván Bado’s testimony as to his brother’s habit of using his seatbelt may be presented, to establish that on the day of the accident he was wearing the seat-belt. Accordingly, said evidence could make more probable the fact that the deceased was, in fact, wearing the seatbelt on the day of the accident. Further, Iván Bado’s. testimony as to Mr. Bado’s conduct before the accident is also relevant to the case. Defendant sustains, and are to present evidence, as to the fact that Mr. Bado was driving under the influence of alcohol. Accordingly, his brother’s testimony as to his conduct before the accident is very relevant to the case. In the manner that his testimony makes more or less probable a specific fact that would be consequential, the same is relevant to the case. Fed. R. of Evid. 401. Finally, Iván Bado is to testify as to Tatiana Cortés’ state of hysteria immediately after the accident. Tatia-na Cortés is claiming moral damages due to her fiancee’s death. Iván Bado’s testimony is definitely relevant to corroborate that she, in fact, suffered those damages. Accordingly, his testimony as to this aspect is relevant under Fed. R. of Evid. 401. In sum, since Iván Bado’s testimony as to these three aspects is relevant it should be admitted. Fed. R. of Evid. 402. However, even relevant evidence can be excluded “if its probative value is outweighed by the danger of unfair prejudice.” Fed. R.of Evid. 403. The Court finds that the probative value of Iván Bado’s testimony is not outweighed by the danger of unfair prejudice. Accordingly, the factual scenario does not warrant the extraordinary remedy of the exclusion of relevant evidence. Consequently, defendant’s request for the exclusion of Iván Bado’s testimony as to the three aspects previously discussed is hereby DENIED. 2. Testimonial Evidence as to alleged tire explosion Defendant request the Court to preclude testimonial evidence as to an alleged tire explosion. Defendants sustain plaintiffs should be precluded from presenting evidence as to an alleged loud noise witnesses, Tatiana Cortés and Israel Dominic-ci heard which they attributed to a tire explosion prior to the loss of control of the vehicle, since they were unsuccessful in pursuing the tire explosion theory. Plaintiffs opposed. Plaintiffs sustain Tatiana Cortés and Israel Dominicei’s testimony regarding their hearing of a loud noise, which they attributed to a tire explosion prior to the driver’s lost of control, is admissible under the Fed.R.Evid. 701. Plaintiffs aver that, pursuant to Fed R. Evid. 701 these witnesses’ testimonies are admissible if they are rationally based on their perception and are helpful for the determination of a fact in issue. Plaintiffs sustain said testimony is not intended to demonstrate the tires were defective since their own expert has already ruled out said possibility, but to establish that Mr Bado experienced a problem with the tires which the expert’s testimony did not rule out. As previously explained, evidence is considered as relevant when it has a “tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed. R. of Evid. 401. In the instant case, plaintiffs, pursuant to their own expert’s conclusion, have ruled out the possibility that the front and rear tires of the Explorer contributed to the accident that resulted in Mr. Bado’s death. For this reason, they dismissed their Complaint against Firestone tires. Accordingly, the fact the tires contributed in any way to the accident object of this case is not in dispute. Hence, the testimony of Tatiana Cortés and Israel Dominicci as to an alleged sound they heard before Mr. Bado lost control of the Explorer and they attributed to a tire explosion would not make less or more probable any fact that is of consequence in the instant action. Accordingly, said testimony is irrelevant, confusing and under Fed. R. of Evid. 403 should be excluded. Consequently, defendant’s request for the exclusion of Tatiana Cortés and Israel Dominieci’s testimony as to the alleged sound they heard prior to Mr. Bado’s lost of control of the Explorer is hereby GRANTED. 3. Testimonial evidence, other than plaintiffs economic expert, to establish economic loss Defendant seeks the exclusion of testimonial evidence, other than plaintiffs economic expert, to establish economic loss. Defendant requests the Court to preclude plaintiffs from presenting Carlos Bado’s parents to testify as to the type of person their son was. Defendant sustains said testimony will be emotionally charged, hence, unfairly prejudicial for the defendant. Further, defendant claims that since plaintiffs are to present an expert witness as to this matter, the parents’ testimony is cumulative. Accordingly, defendant requests the Court to exclude said testimony. Plaintiffs contend Carlos Bado’s parents’ testimony is brought to establish that “beyond what an economist may consider in evaluating school records and employment history, Bado, given his family background and upbringing, could reasonably achieve or exceed what plaintiffs’ economist projected.” Plaintiffs’ Opposition to Motion in Limine 10 (Docket No.172, p. 3). Definitely, when, as in this case there is a claim of economic loss, an assessment has to be done as to the deceased in order to establish co-plaintiff Carolina Bado’s economic loss resulting from Mr. Bado’s death. However, plaintiffs are to present an expert who will testify as to this aspect. Mr. Bado parent’s testimony as to this aspect, although relevant, besides being cumulative, is definitely very emotionally charged, specially when they are to testify as to the type of person his son was. The Court finds that said testimony pursuant to F.ed. R. of Evid. 403 considerations should not be presented to the jury. United States v. Tse, 375 F.3d 148, 163 (1st Cir., 2004) (“Usually, courts use the term ‘unfair prejudice’ for evidence that invites the jury to render a verdict on an improper emotional basis.”) Accordingly, defendant’s request for the exclusion of the testimony of Eduardo Bado and Arlene Barreto as to Carolina Bado’s economic loss is hereby GRANTED. H. Defendant Ford Motor Company’s Motion in Limine No. 11 to Preclude All Evidence of Inertial Unlatching (Docket No. 145) Defendant moves the Court to preclude plaintiffs from presenting evidence' or making reference to any expert testimony or evidence related to the “inertial unlatching” of the seat belts. -Defendant sustains said evidence should be excluded pursuant to Fed.R.Evid. 702, 703 and 403. Defendant avers that: (1) plaintiffs’ expert will only be able to establish the seat belt buckle will release as a consequence of the impact under conditions that do not exist in the vehicle during an accident; (2) said evidence does not meet the standards of Fed.R.Evid. 702, the same lacks of foundation, has no probative value, and is misleading for the jury; (3) the tests proposed by the plaintiffs’ expert are not based on any type of scientific methodology and bears no similarity to the circumstances involved in the accident in this case; (4) evidence of other incidents is only admissible if “substantially similar” to the circumstances involved in the case on trial. Shields v. Sturm et al., 864 F.2d at 381. Plaintiffs opposed defendant’s request (Docket Nos. 173 andl79), see also plaintiffs’ Response to Motion for Summary Judgment (Docket. No. 189). Plaintiffs sustain said evidence, which will be presented by plaintiffs’ expert Dr. David Ren-froe, is admissible pursuant to Fed. R. Evid. 702 and 703. Plaintiffs aver that evidence of inertial unlatching is relevant to establish that Ford was on notice -that the 1996 Ford Explorer’s seatbelt, the RCF67, was subject to inertial unlatching. Finally, plaintiffs allege that prior incidents of inertial unlatching are admissible since defendant sustains that inertial unlatching does not occur in real world crashes. Accordingly, plaintiffs’ expert must establish that the inertial unlatching may occur in real accidents in order to demonstrate that it occurred in the instant ease. 1. Plaintiffs’ expert scientific tests Defendant sustains the proposed evidence as to their contention that the seatbelts were defective relies solely on plaintiffs’ expert “conducting scientifically unreliable tests and NHTSA and Ford testing showing buckle release which plaintiffs’ expert assumes is from inertial unlatching.” Defendant’s Motion in Li-mine No. 11 (Docket No. 145 at p. 2). ■ This is basically a Daubert challenge as to the reliability of the methodology employed by plaintiffs’s expert Dr. Renfroe. As it will be extensively discussed in the Court’s determination as to defendant’s Motion in Limine No. 12 (Docket No. 146) this determination warrants a hearing. (See discussion infra, p. 23.) Until said hearing is held, the Court refrains from issuing a determination as to the admittance of the scientific test employed by said expert to reach his conclusions. 2. Inertial Unlatching Defendant sustains the inertial unlatching evidence constitutes a “parlor trick”, “a trick designed to appeal jurors emotions.” Defendant’s Motion in Limine No. 11 (Docket No. 145 at p. 4). Defendant avers the NHTSA has concluded “the engineering characteristics that can cause inertial unlatching are not present in real world crashes.” Id at 5 quoting 57 Fed.Reg. 55298, 55299 (Nov. 24, 1992). Accordingly, defendant sustains, the federal agency with appropriate expertise has rejected the notion that inadvertent unlatching can be proved by a laboratory experiment applying a sharp blow to a seatbelt buckle. Consequently, defendant avers, that those experiments have neither relationship with real world conditions nor are reliable scientific methodology and hence, the evidence based thereon should be excluded. Evidence as to inertial unlatching has been admitted by certain courts and excluded by others. For instance, in Guild v. General Motors Corp. 53 F.Supp.2d 363, 369 (W.D.N.Y., 1999) the district court admitted evidence as to inertial unlatching. The district court concluded that “[a]l-though defendant questions plaintiffs experts methodologies and cites to a number of studies and reports which conclude that inertial release does not occur in ‘real world’ accidents, the mere fact that a difference of opinion exists do not make plaintiffs’ experts conclusion inherently unreliable.” On the other hand, other districts have excluded said evidence. Dale v. General Motors Co., 109 F.Supp. 2d 1376, 1379-1380 (N.D.Ga.1999) (“the theory of inertial release has been generally rejected as a real world occurrence ... Indeed the act of intentionally opening a buckle by striking the back side of the buckle housing has been referred to as a ‘parlor trick’ ”); Rogers v. Ford Motor Co., 952 F.Supp. 606, 615 (N.D.Ind.1997)(“plaintiffs attempt to rely on expert testimony which lacks of scientific rigor and offers nothing more that a bottom line conclusion [citations omitted] ... .there is substantial peer review literature which suggests that there is no basis for the allegation that ‘Type I’ [defendant alleges that this is the same kind of seat-belt used in the Explorer] side release buckles are subject to ‘inertial activation’ during real world vehicle crashes.”) Citations omitted. This is, again, another Daubert challenge as to any part of Dr. Renfroe’s testimony that is supported with these experiments as to inertial unlatching. Again, this challenge shall be addressed by the Court after a Daubert Hearing is held. Accordingly, the Court DENIES without prejudice of holding a hearing. 3. Substantial similarity of the tests and prior accidents and the circumstances involved in the accident in this case Defendant alleges that evidence as to the inertial unlatching tests should be excluded since plaintiffs have failed to demonstrate the substantial similarity of the circumstances in which the test is performed and the circumstances involved in the accident object of this action. Plaintiffs sustain said evidence should be admitted in order to establish that Ford was put on notice of the fact that the 1996 Ford Explorer seatbelt, the RCF67, was subject to inertial unlatching. Plaintiffs aver evidence submitted to establish the manufacturer was put on notice of the defect need not be proven by involving identical vehicles or accidents under identical circumstances. The Court disagrees and explains. “The admissibility of the ‘crash test’ evidence at issue here depends upon a foundational showing of a substantial similarity between the test results being offered into evidence and the circumstances of the accident at issue in the litigation”. Guild v. General Motors Corp., 53 F.Supp. 2d at 366, citing Ramseyer v. General Motors Corp., 417 F.2d 859, 864 (8th Cir., 1969). “However, perfect identity between experimental and actual conditions is neither attainable not required” Id citing Lobel v. American Airlines, 205 F.2d 927, 931 (2nd Cir., 1953) since “[dissimilarities between experimental and actual conditions affect the weight of the evidence, not its admissibility.” Szeliga v. General Motors Corp., 728 F.2d 566, 567 (1st Cir., 1984). In the same manner, the admission of evidence of prior accidents, as previously discussed when addressing defendant’s Motion in Limine No. S, is “predicated upon a showing that the circumstances surrounding them were substantially similar to those involved in the present case.” Ponder v. Warren Tool Co., 834 F.2d at 1560 quoting Karns v. Emerson Elec. Co. 817 F.2d at 1460. Although, the Court acknowledges that when said evidence is presented to demonstrate defendant’s knowledge as to a dangerous condition, the rule requiring substantial similarity of those accidents with the accident at issue is more relaxed. Shields v. Sturm, Ruger and Co., 864 F.2d at 381. Plaintiffs have failed to establish the substantial similarity of the tests and the accident ob