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MAGANA v. HYUNDAI MOTOR AMERICA

No. 29347-1-II.

94 P.3d 987 (2004)

Jesse MAGANA, Respondent/Cross Appellant, v. HYUNDAI MOTOR AMERICA; Hyundai Motor Company, Appellants/Cross Respondents, Ricky Smith and Angela Smith, husband and wife, Appellants.

Court of Appeals of Washington, Division 2.

As Amended September 21, 2004.

Attorney(s) appearing for the Case

Christine M. Masse, Miller Nash LLP, Michael B. King, King, Lane Powell Spears Lubersky LLP, Seattle, WA, for Appellant/Cross-Respondent.

Jerret E. Sale, Deborah Lynn Carstens, Bullivant Houser Bailey PC, Seattle, WA, for Appellant.

Garth L. Jones, Stritmatter Whelan Withey et al, Hoquiam, WA, Charles Kenneth Wiggins, Kenneth Wendell Masters, Attorneys at Law, Bainbridge Island, WA, Paul W. Whelan, Peter O' Neil, Stritmatter Kessler Whelan Withey et al, Derek Jay Vanderwood, Attorney at Law, Vancouver, WA, for Respondent/Cross-Appellant.

PART PUBLISHED OPINION

SEINFELD, J.P.T.1

Jesse Magana was a passenger in a Hyundai vehicle that left the road and hit several trees; the force propelled him through the car's rear window, causing him to sustain serious injuries. Magana sued the car manufacturer alleging a design defect, and he sued the Hyundai's driver and the driver of an oncoming vehicle, alleging negligence. During trial, the court initially admitted testimony...

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