KAREN ANN PAVONI; PAMELA JOYCE MOYET; FRED ARTHUR SCHEID, Plaintiffs-Appellants,
CHRYSLER GROUP, LLC, Defendant-Appellee
Submitted, Pasadena, California May 7, 2015 [*]
Appeal from the United States District Court for the Central District of California. D.C. No. 2:11-cv-10513-RGK-SP. R. Gary Klausner, District Judge, Presiding.
Strict Products Liability
The panel reversed the district court's summary judgment in favor of Chrysler Group, LLC and vacated the district court's award of costs in the plaintiffs' diversity action against Chrysler alleging strict products liability and other theories concerning liability for deaths that occurred in a 2008 Chrysler Grand Caravan automobile.
The panel held that genuine issues of material fact existed as to whether a " false park" defect in the Grand Caravan caused the deaths of the plaintiffs' mother and her husband. The panel also held that the district court incorrectly applied the relevant California substantive law.
Robert J. Nelson, Fabrice N. Vincent, Todd A. Walburg, Jordan Elias, and Cecilia Han, Lieff Cabraser Heimann & Bernstein, LLP, San Francisco, California, for Plaintiffs-Appellants.
Philip R. Cosgrove, Hall R. Marston, and Ryan E. Cosgrove, Sedgwick LLP, Los Angeles, California, for Defendant-Appellee.
Before: Harry Pregerson, Richard C. Tallman, and Jacqueline H. Nguyen, Circuit Judges. Opinion by Judge Pregerson.
OPINION BY: Harry Pregerson
PREGERSON, Circuit Judge:
Karen Pavoni, Pamela Moyet, and Fred Scheid (" Plaintiffs" ), three of the surviving children of Rose Coats, appeal a summary judgment order in favor of Chrysler Group, LLC (" Chrysler" ), the corporate successor to the manufacturer of the 2008 Chrysler Grand Caravan automobile (" Grand Caravan" ) involved in the deaths of Rose and her husband, Roy Coats. Plaintiffs contend that Chrysler is liable for the Coats' deaths under the theories of strict products liability, negligent design and failure to warn, negligence, and wrongful death. We have jurisdiction under 28 U.S.C. § 1291. We reverse the grant of summary ...