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BAVLSIK v. GENERAL MOTORS, LLC

Nos. 16-1491, 16-1632.

870 F.3d 800 (2017)

Michael BAVLSIK; Kathleen Skelly Plaintiffs-Appellants v. GENERAL MOTORS, LLC Defendant-Appellee. Michael Bavlsik; Kathleen Skelly Plaintiffs-Appellees v. General Motors, LLC Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2017.

Attorney(s) appearing for the Case

Kevin M. Carnie, Jr. , John G. Simon , THE SIMON LAW FIRM, Saint Louis, MO, Deepak Gupta , Jonathan E. Taylor , Gupta & Wessler, Washington, DC, for Plaintiffs-Appellants.

Mary Ellen Bolkcom , Paul Edward David Darsow , Mickey W. Greene , Kent Bryan Hanson , Hanson Bolkcom Law Group, LTD., Minneapolis, MN, Peter B. Hoffman , Baker & Sterchi, Booker T. Shaw , Thompson & Coburn, Saint Louis, MO, for Defendant-Appellee.

Before RILEY, Chief Judge, GRUENDER, Circuit Judge, and GRITZNER, District Judge.

These appeals are driven, in large part, by the standards of review.

About five years ago Michael Bavlsik was driving his 2003 GMC Savana van when he collided with a boat being towed by another vehicle. Bavlsik was wearing his seatbelt, but that did not prevent him from hitting his head on the roof when the van rolled...

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