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GARDNER BY AND THROUGH GARDNER v. CHRYSLER CORP.

No. 95-3255.

89 F.3d 729 (1996)

Cindy S. GARDNER, By and Through her guardian, Michael S. GARDNER, Plaintiff-Appellant, v. CHRYSLER CORPORATION, a Delaware corporation, Defendant-Appellee, and Keiper Recaro, Inc., also known as Atwood Automotive, Inc., a Michigan corporation; Bertrand Faure, Inc.; and Bertrand Faure, Ltd., a Canadian corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

July 17, 1996.

Attorney(s) appearing for the Case

Chan P. Townsley (Christopher P. Christian with him on the briefs), Hutton & Hutton, Wichita, KS, for Plaintiff-Appellant.

Thomas O. Baker (Patricia A. Rosa, Baker Sterchi Cowden & Rice, L.L.C., Kansas City, MO; James R. Jarrow, Baker Sterchi Cowden & Rice, L.L.C., Overland Park, KS; and Larry A. Withers, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, KS, with him on the brief), Baker Sterchi Cowden & Rice, L.L.C., Kansas City, MO, for Defendant-Appellee.

Before SEYMOUR, Chief Judge, and PORFILIO and ANDERSON, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

Cindy Gardner suffered an acute fronto-temporal intracranial hemorrhage resulting in permanent brain damage which has confined her to a wheelchair after an automobile accident. In this action, she contends defendant Chrysler Corporation defectively designed the pedestal-mounted, high-backed front seat upon which she was seated because it failed to provide essential protection for her in a modest rear-end collision. In fact, Ms. Gardner...

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