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REGIONS BANK v. BMW NORTH AMERICA, INC.

No. 04-2273.

406 F.3d 978 (2005)

REGIONS BANK, Guardian of the Estate of Kimberly Renea Smith, Appellant, v. BMW NORTH AMERICA, INC.; BMW AG, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 9, 2005.

Attorney(s) appearing for the Case

E. Gregory Wallace, argued, Buies Creek, North Carolina (Sandy S. McMath on the brief), for appellant.

Colvin G. Norwood, Jr., argued, New Orleans, Louisiana (Margaret Diamond and M. Stephen Bingham on the brief), for appellee.

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

HANSEN, Circuit Judge.

Kimberly Renea Smith was rendered a quadriplegic after she lost control of her BMW 318i on a downhill curve. The car struck the hillside, rolled over onto its roof, and eventually came to rest. The driver's-side frontal-impact airbag did not deploy. Smith1 sued BMW, alleging that the airbag's failure to deploy was the result of a defect or BMW's negligence, that she suffered enhanced injuries during the collision...

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