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CARDEN v. GENERAL MOTORS CORP.

No. 06-11182.

509 F.3d 227 (2007)

Lisa Ann CARDEN, Individually and for and on behalf of those entitled to recover for the wrongful death on behalf of Alexa Lee Wilson; Ronald Lee Wilson, II, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee. Ronald Lee Wilson, II, Individually, and as an Heir to Alexa Lee Wilson, Plaintiff-Appellant, v. General Motors Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 4, 2007.

Attorney(s) appearing for the Case

Donald H. Slavik, Virginia M. Antoine, D. James Weis (argued), Habush, Habush & Rottier, SC, Milwaukee, WI, Patricia Shackelford, Shackelford Law Firm, Corpus Christi, TX, for Carden.

Rickey J. Brantley, Jose, Henry, Brantley & Keltner, John Kevin Clark, Clark & Winfrey, PLLC, Fort Worth, TX, for Wilson.

A. Erin Dwyer (argued), Timothy A. Daniels, Figari & Davenport, Kyle Harold Dreyer, Hartline, Dacus, Barger, Dreyer & Kern, LLP, Dallas, TX, for General Motors Corp.

Erika Ziebarth Jones, Adam Charles Sloane, Mayer Brown, LLP, Washington, DC, for Amici Curiae Alliance of Auto. Mfrs. and Ass'n of Intern. Auto. Mfrs., Inc.

Alan Edward Untereiner, Robbins, Russell, Englert, Orseck & Untereiner, Washington, DC, for Amicus Curiae Product Liability Advisory Council, Inc.

Before JONES, Chief Judge, and DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

I. Factual and Procedural Background

On June 17, 2004, Ronald Lee Wilson, II, was driving a 1999 Pontiac Grand Am when it was struck near the left rear door by another vehicle. His daughter, twelve year-old Alexa Wilson, was seated in the rear center seat at the time. This position was equipped with a lap-only seat belt, which Alexa was wearing at the time of the accident. As a result of the impact, Alexa sustained serious...

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