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CASEY v. TOYOTA MOTOR ENGINEERING & MFG. N.A.

No. 13-11119.

770 F.3d 322 (2014)

Scott E. CASEY, Individually, as Administrator of the Estate of Dawna Marie Casey, Deceased and as Next of Friend of R.W.C. and A.L.C., his minor children; Robert James Gillis, Plaintiffs Appellants v. TOYOTA MOTOR ENGINEERING MANUFACTURING NORTH AMERICA, INCORPORATED; Toyota Motor Manufacturing, Indiana, Incorporated; Toyota Motor Corporation; CTS Corporation; Toyotetsu America, Incorporated, Defendants Appellees.

United States Court of Appeals, Fifth Circuit.

October 20, 2014.

Attorney(s) appearing for the Case

Christopher Scott Ayres, Esq. , Rowe Jack Ayres, Jr. , Ayres Law Office, Addison, TX, Craig D. Cherry , Haley & Olson, P.C., Waco, TX, for Plaintiffs Appellants.

Scott Patrick Stolley , Thompson & Knight, L.L.P., Jude Thomas Hickland , Kurt Christopher Kem, Esq. , Suzanne H. Swaner , Bowman & Brooke, L.L.P., Dallas, TX, for Defendants Appellees.

Before KING, GRAVES, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Plaintiffs-Appellants Scott E. Casey and Robert James Gillis (collectively Casey) filed this products liability suit against Defendants-Appellees (collectively Toyota) stemming from a tragic single-car automobile accident in which Scott Casey's wife Dawna suffered fatal injuries. Among other claims, Casey brought manufacturing and design defect claims based on the failure of the vehicle's side curtain airbag to prevent Mrs. Casey's death...

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