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SMITH v. BMW NORTH AMERICA, INC.

Nos. 01-3181, 02-1016.

308 F.3d 913 (2002)

Kimberly R. SMITH, Plaintiff-Appellant, v. BMW NORTH AMERICA, INC.; BMW AG; Roadshow Enterprises, Inc., doing business as Roadshow BMW Inc., Defendants-Appellees. Kimberly R. Smith, Plaintiff-Appellant, v. BMW North America, Inc.; BMW AG; Roadshow Enterprises, doing business as Roadshow BMW Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 24, 2002.

Attorney(s) appearing for the Case

E. Gregory Wallace, argued, Buies Creek, NC, Sandy McMath (rebuttal), Little Rock, AR, for appellant.

Calvin G. Norwood, argued, New Orleans, LA (M. Stephen Bingham, Little Rock, AR, on the brief), for appellee.

Before HANSEN, Chief Judge, BRIGHT, and MURPHY, Circuit Judges.

BRIGHT, Circuit Judge.

On August 24, 1997, appellant Kimberly R. Smith suffered severe injuries in an automobile accident rendering her a quadriplegic while driving her 1994 BMW automobile. She brought a product liability action against appellees BMW North America, Inc., BMW AG, and Roadshow Enterprises, Inc., d/b/a Roadshow BMW, Inc. (collectively BMW). Smith alleged that the air bag in her car was faulty and, had the air...

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