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United States Eighth Circuit


Carton v. Gen'l Motors Acceptance Corp., 09-2906

In an action against defendant arising out of injuries plaintiffs sustained when they were struck by a vehicle on which defendant held a lease, dismissal of the action is affirmed where: 1) because Iowa law applied to plaintiffs' claims, and Iowa law did not impose a $50,000 damages cap on plaintiffs' claim, diversity jurisdiction existed; 2) absent any direct negligence or criminal wrongdoing by defendant, the Graves Amendment protected defendant from owner liability during the period of the lease; and 3) the driver's financial irresponsibility and failure to obtain insurance did not pose an unreasonable risk of physical harm to others.

Appellate Information

  • Decided 07/13/2010
  • Published 07/13/2010

Judges

  • William J. Riley

Court

  • United States Eighth Circuit

Counsel

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