Legal Opinion
Kimberly Meador v. Apple, Incorporated
Court of Appeals for the Fifth Circuit
Decided December 18, 2018No. 17-40968PublishedCited by 45 opinions
1Opinion of the Court
STEPHEN A. HIGGINSON, Circuit Judge:
*263 This case asks us to decide whether, under Texas law, a driver's neurobiological response to a smartphone notification can be a cause in fact of a car crash. Because answering in the affirmative would entail an impermissible innovation or extension of state law, we answer in the negative. Accordingly, we AFFIRM.
I
According to Appellants' amended complaint, Ashley Kubiak was driving her pick-up truck on April 30, 2013 when she received a text message on her iPhone 5. Appellants allege that Kubiak looked down to read the text, after which she turned her…
2Cases cited26 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Lear Siegler, Inc. v. PerezTexas Supreme Court · 1991
- Dorsey v. Portfolio Equities, Inc.Court of Appeals for the Fifth Circuit · 2008
- El Chico Corp. v. PooleTexas Supreme Court · 1987
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3Cited by45 opinions
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- John Doe v. DeRay MckessonCourt of Appeals for the Fifth Circuit · 2019
- Aggreko, L.L.C. v. Chartis Specialty Ins. Co.Court of Appeals for the Fifth Circuit · 2019
- Estella Martinez v. Walgreen CompanyCourt of Appeals for the Fifth Circuit · 2019
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