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BIRCH v. POLARIS INDUSTRIES, INC.

No. 15-4066.

812 F.3d 1238 (2015)

Justin Harrison BIRCH, individually and as personal representative of the estate of Virl Lane Birch; Joy Finlayson Birch; Jordan Douglass Birch; Colton Bennion Birch, Plaintiffs-Appellants, v. POLARIS INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 23, 2015.

Attorney(s) appearing for the Case

Richard Leon Denney , Denney & Barrett, P.C., Norman, OK ( Lydia JoAnn Barrett , Denney & Barrett, P.C., Norman, OK; Bradley H. Bearnson and Aaron K. Bergman , Bearnson & Caldwell, P.C., Logan, UT, with him on the briefs), appearing for Appellants.

Ryan L. Nilsen , Bowman and Brooke, LLP, Minneapolis, MN ( Nathan J. Marcusen , Bowman and Brooke, LLP, Minneapolis, MN, and Paul G. Cereghini , Bowman and Brooke, LLP, Phoenix, AZ, with him on the brief), appearing for Appellee.

Before MATHESON, EBEL, and McHUGH, Circuit Judges.

Virl Lane Birch died when the off-road vehicle in which he was riding flipped over and pinned him to the ground. His surviving family members sued Polaris Industries, the vehicle manufacturer, for strict products liability, negligence, and breach of warranty, invoking the district court's diversity jurisdiction under 28...

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