Legal Opinion

prod.liab.rep. (Cch) P 13,416 Billy H. Toney v. Kawasaki Heavy Industries, Ltd., Etc.

Court of Appeals for the Fifth Circuit

Decided October 7, 1992No. 91-1577PublishedCited by 14 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Billy H. Toney was riding a Kawasaki motorcycle when he was struck by an automobile that crushed his leg, which later had to be amputated. He sued Kawasaki under various theories of strict liability and negligence, primarily asserting that the motorcycle was defective because it lacked leg guards. We hold that under the applicable Mississippi law, the consumer expectations test applies in product liability cases, and because the alleged defect and danger were open and obvious to the ordinary consumer, the motorcycle was not “unreasonably dangerous.” Similarly,…

2Cases cited16 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Kenneth Walker v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 1988
  3. State Stove Manufacturing Company v. HodgesMississippi Supreme Court · 1966
  4. C. Richard Brown and Karen Brown v. Southwestern Bell Telephone Company, James G. Bryan, and Keith DendyCourt of Appeals for the Fifth Circuit · 1990
  5. Mrs. Frances Buckley Ward, Cross-Appellant v. The Hobart Manufacturing Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1971

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Sperry-New Holland v. PrestageMississippi Supreme Court · 1993
  2. Tabieros v. Clark Equipment Co.Hawaii Supreme Court · 1997
  3. Horton v. American Tobacco Co.Mississippi Supreme Court · 1995
  4. prod.liab.rep. (Cch) P 13,374 Myron Batts v. Tow-Motor Forklift Company and Caterpillar Industrial, Inc.Court of Appeals for the Fifth Circuit · 1992
  5. Gilbert v. Dresser Industries, Inc.District Court, N.D. Mississippi · 1993

9 more not listed; retrieve them via the Exa API.

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