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Products Liability Keyed Owen, 8th Ed.
Jahn v. Hyundai Motor Co.
Citation:
773 N.W.2d 550 (2009)Facts
The accident occurred when Grace Burke failed to stop at a stop sign in Clinton, Iowa, and struck Glen Jahn’s Hyundai Elantra. Following the impact, the driver-side front airbag in Jahn’s vehicle allegedly failed to deploy. As a result, Jahn sustained multiple serious injuries including fractures of the skull, left hip, knee, right femur, right tibia, right ankle, and foot arch, as well as a closed head injury. Jahn reached a settlement with Burke and her insurance carrier before filing a products liability action against Hyundai Motor America. In his lawsuit against Hyundai, Jahn alleged that the failure of the airbag to deploy caused enhanced injuries that would have been avoided absent the alleged product defect. The products liability claim was based on res ipsa loquitur, strict liability, and breach of warranty. The federal district court certified questions to the Iowa Supreme Court regarding whether sections 16 and 17 of the Restatement (Third) of Torts: Products Liability should apply and whether Burke’s fault could be compared by the jury in evaluating Jahn’s products liability claim against Hyundai.
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