CUMMINGS v. GENERAL MOTORS CORP.

Nos. 02-6340, 03-6209.

365 F.3d 944 (2004)

Gregory CUMMINGS; Trace Cummings, husband and wife, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

As Modified on Partial Grant of Rehearing June 2, 2004.


Attorney(s) appearing for the Case

Richard L. Denney, (Lydia JoAnn Barrett, Denney & Barrett, P.C., Norman, Oklahoma and Robert R. Robles, Oklahoma City, OK, on the briefs; Richard J. Goralewicz, Turner, Turner, Goralewicz & Dillingham, Oklahoma City, OK, with him on the briefs), for Plaintiffs-Appellants.

Mary Quinn Cooper, (William S. Leach and Andrew L. Richardson, on the brief), Eldridge, Cooper, Steichen & Leach, P.L.L.C., Tulsa, OK, for Defendant-Appellee.

Before KELLY, McKAY, and HENRY, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

Gregory and Tracey Cummings brought this suit against General Motors Corporation ("GM") to recover for injuries Mrs. Cummings sustained in an automobile accident involving a 1995 Pontiac Grand Am. The Cummings allege that Mrs. Cummings's injuries resulted from a flawed seat belt system and seat designed by GM, as well as inadequate warnings of the dangers inherent in the product. A jury returned a verdict in favor of GM, and the Cummings...

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