Richardson v. Navistar International Transportation Corp.

TACHA, Circuit Judge.

Plaintiffs appeal the district court’s grant of summary judgment. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand.

I. Background

On July 3, 1989, the Toyota Landcruiser in which plaintiffs Christian Dan Richardson and Jessica Richardson were riding crashed into a Navistar truck parked on the shoulder of Interstate 15 near Lindon, Utah, seriously injuring plaintiffs and killing their mother, stepfather, and half-sister. Plaintiffs brought a negligence action in Utah state court against various parties but did not include Navistar International…