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BUTLER v. DAIMLER TRUCKS NORTH AMERICA, LLC

No. 22-3134.

74 F.4th 1131 (2023)

Damian BUTLER, individually, as administrator of the Estate of Teresa Butler and on behalf of the heirs-at-law of Teresa Butler, deceased; Alexander P. Cohen, individually and on behalf of the heirs-at-law of Sheldon H. Cohen, deceased, and Virginia Cohen, deceased; Gerald Y. Cohen, individually and on behalf of the heirs-at-law of Sheldon H. Cohen, deceased, and Virginia Cohen, deceased; William E. Cohen, individually and on behalf of the heirs-at-law of Sheldon H. Cohen, deceased, and Virginia Cohen, deceased; Nicole Gates, as next friend of M.G., minor, and heir-at-law of Ricardo Mireles, deceased; Alisha Mireles, individually and as next friend of T.M., minor, as heirs-at-law of Ricardo Mireles, deceased; Terrie Myers, as next friend of L.M., minor, and heir-at-law of Ricardo Mireles, deceased; Diane M. Sanford, individually, as the administrator of the Estate of Karen Kennedy and on behalf of the heirs-at-law of Karen L. Kennedy, deceased, Plaintiffs-Appellants, v. DAIMLER TRUCKS NORTH AMERICA, LLC, Defendant-Appellee. Center for Auto Safety; Attorneys Information Exchange Group, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED July 21, 2023.

Attorney(s) appearing for the Case

Randall L. Rhodes ( Daniel A. Kopp with him on the briefs), Rouse Frets White Goss Gentile Rhodes, P.C., Leawood, Kansas, for Plaintiffs-Appellants.

Michael J. Kleffner ( Robert T. Adams , Sarah Lynn Baltzell , and Taylor B. Markway with him on the brief), Shook, Hardy & Bacon L.L.P., Kansas City, Missouri, for Defendant-Appellee.

Larry E. Coben , Anapol Weiss, Scottsdale, Arizona, and Michael Brooks , Center for Auto Safety, Washington, D.C., for amici curiae Center for Auto Safety and Attorneys Information Exchange Group in support of Plaintiffs-Appellants.

Before HOLMES, Chief Judge, HARTZ, and CARSON, Circuit Judges.

Five people were killed when a commercial truck rear-ended a line of traffic on an interstate highway. The truck driver was prosecuted and sentenced to prison for his misconduct. The issue on this appeal is the liability, if any, of the manufacturer of the truck. Plaintiffs, suing on behalf of the heirs and estates of the decedents...

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