Donald E. KILGORE and Carole A. Kilgore, Plaintiffs-Appellants,
v.
FUJI HEAVY INDUSTRIES LTD., Takata Corporation, and Takata Seat Belts Inc., Defendants-Appellees, and
Subaru of America, Inc., Defendant.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
May 29, 2009.
Certiorari Granted, No. 31,750, July 30, 2009.
Attorney(s) appearing for the Case
Peters & Lister, P.C., Darrel Peters, Dearborn, MI, Comeau, Maldegen, Templeman & Indall, LLP, Grey Handy, Sharon W. Horndeski, Santa Fe, NM, for Appellants.
Bowman and Brooke LLP, Thomas M. Klein, Phoenix, AZ, Rodey Dickason Sloan Akin & Robb, PA, Patrick M. Shay, Jeffrey M. Croasdell, Albuquerque, NM, for Appellees, Fuji Heavy Industries Ltd. and Takata Corporation.
Bowman and Brooke LLP, David R. Kelly, Minneapolis, MN, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Martha G. Brown, Albuquerque, NM, for Appellee, Takata Seat Belts Inc.
Court of Appeals of New Mexico.
OPINION
SUTIN, Judge.
{1} This case centers on a defective seatbelt buckle claim in a vehicle rollover accident. Plaintiff Carole Kilgore was seriously injured. Plaintiff Donald Kilgore, her husband, was driving. The trial resulted in a defense verdict. Plaintiffs tried this case on the theory that the buckle design created a risk of accidental or inadvertent release, recognizing that the precise identification of what depressed the seatbelt...
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