United States Fifth Circuit

There is no evidence that the telescoping mast manufactured by defendant failed to function as expected, though it electrocuted a man after becoming entangled in power lines; recovery against defendant for design defect is therefore precluded by Mississippi Products Liability Act section 11-1-63(f)(ii). Summary judgment dismissal is affirmed. (Republished opinion)

Appellate Information

• Decided 03/01/2004
• Published 03/16/2004

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, JONES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James P. Cothren (argued), Cothrem Law Firm, Jackson, MS, Joseph G. Van Winkle, Lewis, Webster, Johnson & Van Winkle, Des Moines, IA, for Plaintiffs-Appellants.


• For Appellees:
  
• W. Scott Welch, III, LeAnn Walber Mercer, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, Kari Louise Foster (argued), Butler, Snow, O'Mara, Stevens & Cannada, Memphis, TN, for Defendant-Appellee.