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JENSEN v. EXC, INC.

No. 20-15908.

82 F.4th 835 (2023)

Jamien Rae JENSEN, individually and as parent and next friend of minor D.J. and as Personal Representative of the Wrongful Death Estate of unborn child C.J.; Chavis Johnson, individually and as Personal Representative of the Wrongful Death Estate of Butch Corey Johnson; Margaret Johnson; Frank Johnson; Francesca Johnson; Justin Johnson; Holly Johnson; Dominique Johnson; Raymond Jensen, Sr.; Louise R. Jensen; Katrina Jensen; Raymond Jensen, Jr.; Murphy Jensen; Nicole Jensen; Ryan Jensen; Justin Jensen, Plaintiffs-Appellants, v. EXC, INC., dba D.I.A. Express, Inc., dba Express Charters, a Nevada corporation; Conlon Garage, Inc., a Colorado corporation; Go Ahead Vacations, Inc., a Massachusetts corporation; Russell J. Conlon, individually; National Interstate Insurance Co., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2023.

Attorney(s) appearing for the Case

Geoffrey R. Romero (argued), Law Offices of Geoffrey R. Romero, Albuquerque, New Mexico; John P. Lavelle , University of New Mexico, Albuquerque, New Mexico; Thomas A. Biscup , Zebrowski Law, Shelby Township, Michigan; for Plaintiffs-Appellants.

Eileen D. GilBride (argued), John T. Masterson , Elizabeth A. Gilbert , and Brandi C. Blair , Jones Skelton & Hochuli PLC, Phoenix, Arizona, for Defendants-Appellees.

Partial Concurrence and Partial Dissent by Judge Wallace.

OPINION

This diversity suit involves personal injury and wrongful death claims arising from a collision between a sedan and a tour bus on a U.S. highway within the boundaries of the Navajo Nation reservation. Before trial, the district court held that Arizona law applies to the accident, and it therefore dismissed...

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