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COPELAND BY COPELAND v. TOYOTA MOTOR SALES U.S.A.

No. 96-3181.

136 F.3d 1249 (1998)

Janey Lee COPELAND, a disabled person, By and Through her mother and court-appointed guardian and conservator, Marilyn COPELAND, Plaintiff-Appellant, v. TOYOTA MOTOR SALES U.S.A., INC., a U.S. corporation; Toyota Motor Corporation, a Japanese corporation; Toyota Auto Body Co., Ltd., a Japanese corporation; Toyota Central Research & Development Laboratories, Inc.; Calty Design Research; Toyota Technical Center USA, Inc., a U.S. corporation; Toyota Motor Corporate Services of North America, a U.S. corporation; Toyota Motor Corporation San Francisco Office, a U.S. corporation, Defendants, and State of Kansas, Division of Social and Rehabilitation Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 17, 1998.

Attorney(s) appearing for the Case

Kenneth G. Gale, Focht, Hughey & Calvert, L.L.C., Wichita, KS (David P. Calvert, Focht, Hughey & Calvert, L.L.C., Wichita, KS, with him on the brief), for Appellant.

Robert R. Hiller, Jr., Dept. of Social and Rehabilitation Services, Topeka, KS (Reid Stacey, Dept. of Social and Rehabilitation Services, Topeka, KS, with him on the brief), for Appellee.

Before LUCERO, McWILLIAMS, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Appellant Janey Copeland was injured in a 1988 automobile accident when she was ejected from the Toyota truck she was driving. Invoking the district court's diversity jurisdiction, Copeland sued and then settled with Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation (collectively "Toyota"). Thereafter, the United States District Court for the District of Kansas ordered that essentially all the net settlement proceeds be paid to the...

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