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MOORE v. SUBARU OF AMERICA

Nos. 88-1314, 88-1327 and 88-1364.

891 F.2d 1445 (1989)

Thomas A. MOORE and Edward J. Moore, Jr., Plaintiffs-Appellants/Cross-Appellees, v. SUBARU OF AMERICA, a New Jersey corporation; Randall S. Loftis, doing business as Ran's Subaru, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

December 14, 1989.

Attorney(s) appearing for the Case

Garvin A. Isaacs (Thomas A. Wallace, and Glen D. Huff and David A. Branscum of Foliart, Huff, Ottaway & Caldwell, Oklahoma City, with him on the briefs), for plaintiffs-appellants/cross-appellees.

Bert M. Jones and William D. Perrine of Rhodes, Hieronymus, Jones, Tucker and Gable, Tulsa, for defendants-appellees/cross-appellants.

Before McKAY, McWILLIAMS, and BRORBY, Circuit Judges.

McKAY, Circuit Judge.

This is an appeal from a jury verdict and set-off of prior settlement.

I. Facts

Plaintiffs were injured in an automobile accident on August 17, 1982, in Shawnee, Oklahoma. They were rear seat passengers in a 1982 Subaru station wagon when the owner-driver suffered an epileptic seizure and crashed into a brick building. Although plaintiffs originally sought recovery only against the owner-driver of the vehicle, the complaint...

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