Legal Opinion

Henry Sims, Jr. v. Kia Motors of America, I

Court of Appeals for the Fifth Circuit

Decided October 5, 2016No. 15-10636PublishedCited by 73 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Family members of decedent Henry Sims, Sr. filed this products liability suit against Defendants-Appellees Kia Motors of America (KMA) and Kia Motors Corporation (KMC) stemming from a tragic car accident, in which Mr. Sims, a passenger in a 2010 Kia Soul, died. Among other claims, they alleged that the Soul’s fuel tank was defectively designed. After determining that Texas law applied and excluding testimony from two of their experts, the district court granted summary judgment in favor of Defendants. We AFFIRM.

I

Henry Sims, Sr. died in the back seat of a…

2Cases cited36 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. Van Dusen v. BarrackSupreme Court of the United States · 1964
  5. MacK Trucks, Inc. v. TamezTexas Supreme Court · 2006

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3Cited by73 opinions

  1. S. Gopalratnam v. ABC Insurance CompanyCourt of Appeals for the Seventh Circuit · 2017
  2. N. Cypress Med. Ctr. Operating Co. v. Aetna Life Ins. Co.Court of Appeals for the Fifth Circuit · 2018
  3. Certain Underwriters v. Cameron Intl Corp.Court of Appeals for the Fifth Circuit · 2020
  4. Ramona Smith v. Chrysler Group, L.L.C.Court of Appeals for the Fifth Circuit · 2018
  5. Jonathan Boyer v. Darrel Vannoy, WardenCourt of Appeals for the Fifth Circuit · 2017

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