Legal Opinion

Michael K. DePAEPE, Executor of the Estate of Kenneth J. DePaepe, Plaintiff-Appellee, v. GENERAL MOTORS CORPORATION, Defendant-Appellant

Court of Appeals for the Seventh Circuit

Decided May 4, 1998No. 96-3886PublishedCited by 64 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

An automobile accident in 1984 left Kenneth DePaepe a quadriplegic: his neck broke during the deceleration. DePaepe says that a better design of the auto’s sun visor would have averted the loss; General Motors contends that the car (a 1984 Buick Regal) was crashworthy and that only DePaepe’s failure to use his seatbelt accounts for the injury. This tort suit under the diversity jurisdiction has been tried twice. After a three-week trial, the first jury absolved gm, but we reversed because the judge should not have instructed the jury about the concept of enhanced…

2Cases cited13 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  3. Raymond Rosen v. Ciba-Geigy CorporationCourt of Appeals for the Seventh Circuit · 1996
  4. Grace L. Cummins v. Lyle IndustriesCourt of Appeals for the Seventh Circuit · 1996
  5. Billy D. Bammerlin v. Navistar International Transportation Corp.Court of Appeals for the Seventh Circuit · 1994

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

3Cited by64 opinions

  1. Mark A. Smith v. Ford Motor CompanyCourt of Appeals for the Seventh Circuit · 2000
  2. 188 LLC v. Trinity Industries, IncorporatedCourt of Appeals for the Seventh Circuit · 2002
  3. Goebel v. Denver & Rio Grande Western RailroadCourt of Appeals for the Tenth Circuit · 2000
  4. In Re Rezulin Products Liability LitigationDistrict Court, S.D. New York · 2004
  5. George E. Hemenway v. Peabody Coal Company and Peabody Development CompanyCourt of Appeals for the Seventh Circuit · 1998

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

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