Appellate Win in 14th Court of Appeals
July 16, 2018 Case Study
Garrick v. Autoliv ASP Inc. et al.
A Texas appeals court has affirmed a summary judgment clearing Kia and Beck Redden’s airbag manufacturing client, Autoliv, of negligence claims, ruling a Texas woman didn’t give evidence to prove defects in her Kia Sorento or its airbags were responsible for injuries she sustained in a car accident.
The 14th Court of Appeals ruled on July 12 that Lilian Garrick had presented no evidence to support needed elements of accusations of design, manufacturing or marketing defects, negligence, or breach of implied warranty against Kia Motors Corporation and Autoliv Safety Technology Inc.
“Garrick failed to raise a genuine issue of material fact as to an essential element of each of her defect claims,” the court wrote. “Without evidence of a defect, Garrick did not raise a fact issue that any part of her vehicle was unreasonably dangerous or unfit for ordinary use.”
The Beck Redden team included Partner Jeff Golub and Associates Nicholas Bruno and Mary Kate Raffetto.
Excerpt from Law360 (subscription required).