MONTAG v. HONDA MOTOR CO. LTD.

No. 94-1353.

75 F.3d 1414 (1996)

The Estate of Diane MONTAG, by and through Michael Montag, her Personal Representative of the Estate; Michael MONTAG, individually, Plaintiff-Appellant, United of Omaha Life Insurance Company, a Nebraska corporation, as Subrogee of The Estate of Diane Montag, Plaintiff-Intervenor-Appellant, v. HONDA MOTOR COMPANY, LTD., a Japanese corporation; American Honda Motor Co., Inc., a California corporation doing business in Colorado; Honda Research & Development Co., Ltd., a Japanese corporation, Defendants-Appellees, Trial Lawyers for Public Justice, Public Citizen, Center for Auto Safety, Motor Voters, Product Liability Advisory Council, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 22, 1996.


Attorney(s) appearing for the Case

William James Barber of William James Barber, P.C., Denver, Colorado (Michael J. Mirabella of Norman & Mirabella, P.C., Lakewood, Colorado, for Plaintiffs-Appellants; and John O. Rauch of Downey, Rauch & Sleeman, P.C., Denver, Colorado, for Plaintiff-Intervenor-Appellant, with him on the briefs), for Plaintiffs-Appellants.

Malcolm E. Wheeler (John R. Trigg and Robert B. Hunter on the brief) of Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, Colorado for Defendants-Appellees.

(Kenneth S. Geller, Erika Z. Jones, and John J. Sullivan of Mayer, Brown & Platt, Washington, D.C.; Hugh F. Young, Jr., Product Liability Advisory Council, Inc., Reston, Virginia, on the briefs for Amicus Curiae Product Liability Advisory Council, Inc.)

(Arthur H. Bryant and Leslie A. Brueckner, Trial Lawyers for Public Justice, Washington, D.C., on the briefs for Amici Curiae Trial Lawyers for Public Justice, Public Citizen, Center for Auto Safety, and Motor Voters.)

Before MOORE and McKAY, Circuit Judges, and BRETT, Chief District Judge.


McKAY, Circuit Judge.

Plaintiff Michael Montag and Plaintiff-Intervenor United of Omaha Life Insurance Company ("Plaintiffs") appeal from a judgment against them in this products liability action. Plaintiffs claim that Defendants American Honda Motor Company, Honda Motor Co. Ltd., and Honda R & D Co., Ltd. ("Honda") defectively designed the seat belt in a 1988 Honda Prelude driven by Diane Montag, Mr. Montag's deceased wife. Mrs. Montag was involved in a collision...

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