Sergio JIMENEZ, as personal representative of the estate of the late Sergio Hernandez Jimenez II, Plaintiff-Appellee,
v.
DAIMLERCHRYSLER CORPORATION, Defendant-Appellant.
Alliance of Automobile Manufacturers; Products Liability Advisory Council, Incorporated; Public Citizen, Incorporated; Center for Auto Safety, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued March 1, 2001.
Decided October 19, 2001.
Attorney(s) appearing for the Case
ARGUED: Theodore B. Olson, GIBSON, DUNN & CRUTCHER, L.L.P., Washington, D.C., for Appellant.
John Calvin Jeffries, Jr., UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellee.
ON BRIEF: Theodore J. Boutrous, Jr., Thomas H. Dupree, Jr., GIBSON, DUNN & CRUTCHER, L.L.P., Washington, D.C.; David R. Tyrrell, Robert M. Fulton, HILL, WARD & HENDERSON, Tampa, Florida; Wade H. Logan, III, NELSON, MULLINS, RILEY & SCARBOROUGH, L.L.P., Charleston, South Carolina, for Appellant.
Richard A. Simpson, Charles I. Hadden, Lynda Guild Simpson, ROSS, DIXON & BELL, L.L.P., Washington, D.C.; David G. Owen, Columbia, South Carolina; Reese I. Joye, Mark C. Joye, JOYE LAW FIRM, North Charleston, South Carolina, for Appellee.
Anthony H. Anikeeff, ALLIANCE OF AUTOMOBILE MANUFACTURERS, Washington, D.C.; Christopher Landau, Jay P. Lefkowitz, Daryl Joseffer, Ashley Parrish, KIRKLAND & ELLIS, Washington, D.C., for Amicus Curiae Alliance. Griffin B. Bell, Chilton Davis Varner, Paul D. Clement, KING & SPALDING, Atlanta, Georgia; Hugh F. Young, Jr., PRODUCT LIABILITY ADVISORY COUNCIL, INC., Reston, Virginia, for Amicus Curiae Council. Alison Van Horn, Michael Quirk, Brian Wolfman, PUBLIC CITIZEN LITIGATION GROUP, Washington, D.C., for Amici Curiae Public Citizen and Center.
Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Reversed in part and vacated and remanded for a partial new trial by published opinion. Judge Niemeyer wrote the opinion for the court except with respect to Part IV.B. Judge Luttig wrote the opinion for the court on Part IV.B, in which Judge Williams joined and on which Judge Niemeyer dissented.
OPINION
NIEMEYER, Circuit Judge, writing for the court except in Part IV.B:
The Estate of 6-year old Sergio Jimenez II ("young Sergio") commenced this product...
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