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TRAN v. TOYOTA MOTOR CORP.

No. 04-12520.

420 F.3d 1310 (2005)

Mai Thi TRAN, Nader Nemai, Plaintiffs-Appellants, v. TOYOTA MOTOR CORPORATION, Toyota Motor Sales U.S.A., Inc., Tokai Rika Co., Ltd., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 18, 2005.

Attorney(s) appearing for the Case

Scott B. Cooper, Cooper, Jones & Jones, LLP, Irvine, CA, Lance A. Cooper, Cooper & Jones, LLP, Marietta, GA, for Plaintiffs-Appellants.

Wendy F. Lumish, Jeffrey A. Cohen, Carlton Fields, P.A., Miami, FL, David Bryan Shelton, Rumberger, Kirk & Caldwell, Orlando, FL, Richard H. Willis, Nelson, Mullins, Riley & Scarborough, LLP, Columbia, SC, for Defendants-Appellees.

Before BLACK, WILSON and STAPLETON, Circuit Judges.

WILSON, Circuit Judge:

On December 15, 1998, Mai Tran drove home from work in Orlando, Florida, in her 1983 Toyota Cressida. Her car crossed the center line and collided head-on with another vehicle. Tran's Cressida was equipped with a restraint system consisting of a manual lap belt and an automatic shoulder belt. The shoulder belt was a "passive" restraint. When the driver's door was opened, the belt slid along a motorized...

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