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EGBERT v. NISSAN MOTOR CO., LTD.

No. 20080993.

228 P.3d 737 (2010)

2010 UT 8

Jerad EGBERT and Emily Egbert, individually and as guardians for Janessa Egbert, Plaintiffs and Appellants, v. NISSAN MOTOR CO., LTD., Defendant and Appellee.

Supreme Court of Utah.

February 19, 2010.

Attorney(s) appearing for the Case

David C. Biggs, Kenneth D. Lougee, Salt Lake City, for appellants.

Tracy H. Fowler, Michael D. Zimmerman, Kamie F. Brown, Troy L. Booher, Salt Lake City, for appellee.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 We have accepted certification of two questions from the United States District Court for the District of Utah: (1) is Utah Code section 78-15-6(3)1 constitutional; and (2) does Utah recognize section 16(b)-(d) of the Restatement (Third) of Torts: Products Liability? We answer the first question in the affirmative and the second question in the negative.

BACKGROUND

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