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CABONI v. GENERAL MOTORS CORP.

No. 03-31118.

398 F.3d 357 (2005)

James CABONI, Plaintiff-Appellee-Cross-Appellant, v. GENERAL MOTORS CORP., et al., Defendants, General Motors Corp., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 2005.

Attorney(s) appearing for the Case

Louis Beryl Gerber (argued), Lestelle & Lestelle, Metairie, LA, for Caboni.

Paul Victor Cassisa, Jr., Bernard, Cassisa, Elliott & Davis, Oxford, MS, Carl Joseph Giffin, Jr. (argued), Bernard, Cassissa, Elliott & Davis, Metairie, LA, for General Motors Corp.

Before BARKSDALE, GARZA and DeMOSS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

General Motors Corporation ("GM") appeals a judgment based on a jury verdict in favor of James Caboni in his products liability action brought against GM pursuant to the Louisiana Products Liability Act. The claim arises from an automobile accident in which the air bag in the truck Caboni was operating failed to deploy. Finding no evidence of enhanced injuries, we VACATE the district court judgment and RENDER a take nothing judgment...

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