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Conflict of Laws Keyed to Brilmayer
Ysbrand v. DaimlerChrysler Corp.
Citation:
81 P.3d 618 (Okla. 2003)Facts
Defendant, DaimlerChrysler (“DC”), is a Delaware corporation with a principal place of business in Michigan. DC manufactured over one million 1996 and 1997 model minivans equipped with front passenger seat airbags. Plaintiffs, owners of DC minivans, brought suit against DC in Oklahoma state court, alleging that the front passenger seat airbags were defective because the airbags deployed with “overly aggressive force” and deployed during low speed collisions. Plaintiffs claimed that DC failed to warn purchasers that the airbag defect had the potential to kill or seriously injure a child or small adult seated in the front passenger seat. As a result, Plaintiffs asserted a claim for fraud and deceit, along with Uniform Commercial Code (“UCC”) claims for breach of warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness. Plaintiffs sought damages in an amount sufficient to allow minivan owners to install safer airbags or replace the defective airbags by DC.
The trial court found that the dispute met the requirements for a class action under Oklahoma state law and issued an order certifying a class consisting of current owners of the DC minivans, but excluded owners who suffered personal injury from airbag deployment and owners who had their airbags deactivated or replaced. DC appealed the class certification order, arguing that the Plaintiffs failed to meet the requirements that (1) common questions of law and fact predominate and (2) a class action is superior to other available methods of adjudicating the controversy.
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