BUSTOS v. HYUNDAI MOTOR CO.

No. 28,240.

243 P.3d 440 (2010)

2010-NMCA-090

Art BUSTOS, as Personal Representative of the Estate of Marcos Leandro Baca, deceased, and Marcos Baca, Terri Baca, and Abel Baca, individually, Plaintiffs-Appellees, v. HYUNDAI MOTOR COMPANY, Hyundai Motor America, and Borman Motor Company, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted, No. 32,534, October 18, 2010.


Attorney(s) appearing for the Case

Gaddy Jaramillo , David J. Jaramillo , Maria E. Touchet , Albuquerque, NM, Watts Law Firm, L.L.P., James H. Hada , Robert J. Patterson , Corpus Christi, TX, for Appellees.

Prichard, Hawkins, McFarland & Young LLP, David M. Prichard , San Antonio, TX, Montgomery & Andrews, PA, Walter J. Melendres , Santa Fe, NM, Winston & Strawn LLP, Gene C. Schaerr , Geoffrey P. Eaton , Washington, DC, for Appellants.

Keleher & McLeod, PA, Thomas C. Bird , Albuquerque, NM, for Amicus Curiae The Product Liability Advisory Council, Inc.

Lewis and Roca LLP, Thomas P. Gulley , Albuquerque, NM, for Amicus Curiae Association of Commerce and Industry.


OPINION

BUSTAMANTE, Judge.

{1} Marcos Leandro Baca was killed in a rollover accident involving a Hyundai automobile. Mr. Baca's estate, parents, and brother (Plaintiffs) brought suit against Hyundai Motor Company, Hyundai Motor America, and Borman Motor Company (Defendants) in negligence, implied warranty, and strict products liability asserting that the roof structure of the car was defectively designed. The jury found in favor of Plaintiffs...

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