TONEY v. KAWASAKI HEAVY INDUSTRIES LTD.

No. 91-1577.

975 F.2d 162 (1992)

Billy H. TONEY, Plaintiff-Appellant, v. KAWASAKI HEAVY INDUSTRIES, LTD., etc., et al., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 7, 1992.


Attorney(s) appearing for the Case

S. Wayne Easterling, Carey R. Varnado, Easterling & Varnado, Hattiesburg, Miss., Eugene Tullos, Tullos & Tullos, Raleigh, Miss., for Toney.

Joseph L. McNamara, Jennifer L. Welsh, Ray McNamara, Kelly & Welsh, Jackson, Miss., for Kawasaki & Kawasaki.

Before JOLLY and DUHÉ, Circuit Judges, and PARKER, District Judge.


E. GRADY JOLLY, Circuit Judge:

Billy H. Toney was riding a Kawasaki motorcycle when he was struck by an automobile that crushed his leg, which later had to be amputated. He sued Kawasaki under various theories of strict liability and negligence, primarily asserting that the motorcycle was defective because it lacked leg guards. We hold that under the applicable Mississippi law, the consumer expectations test applies in product liability cases, and because the alleged...

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