Malik v. Cooper Tire & Rubber Co.
District Court, D. New Jersey
1Opinion of the Court
OPINION
WALLS, Senior District Judge.
Plaintiff Raheel Malik alleges that Defendant Cooper Tire designed and/or manufactured a defective tire, which blew out on an Illinois highway, causing an accident' that left Plaintiff a paraplegic. Plaintiff now moves for partial summary judgment to prevent Defendant from raising • the “seatbelt defense” at trial, that Plaintiff’s failure to wear an available safety belt at the time of the crash should limit his recovery.
Plaintiff argues that this Court should apply Illinois law, which Plaintiff contends *689would exclude evidence of his nonuse of the belt.…
2Cases cited30 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
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