United States Fifth Circuit

In a product liability wrongful death and survival action against Ford for the death of plaintiffs' three year old son, a take nothing judgment in Ford's favor is affirmed over claims that the district court erred by: 1) instructing the jury under Tex. Civ. Prac. and Rem. Code section 82.008(a) and (b) concerning the vehicle's compliance with relevant federal safety standards; 2) granting Ford's motion for summary judgment on a marketing defect claim; 3) excluding evidence of their expert's testing, and 4) allowing certain testimony of Ford's expert.

Appellate Information

• Decided 11/15/2007
• Published 11/16/2007

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, BARKSDALE and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Brett Scot Thomas (argued), Roebuck & Thomas, Beaumont, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Craig Alan Morgan (argued), Austin, TX, Evan Nicholas Kramer, Thompson, Coe, Cousins & Irons, Houston, TX, for Defendant-Appellee.