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· 9/30/1998

prod.liab.rep. (Cch) P 15,365 Ralph Kampen Katherine Kampen v. American Isuzu Motors, Inc.

Citations

  • 157 F.3d 306
  • 1998 U.S. App. LEXIS 24489
  • 1998 WL 671330

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that it would be “nonsensical” to make use depend on the “user’s mental state”
  • emphasizing that, to establish reasonably anticipated use, plaintiff who misuses product must present evidence that defendant knew or should have known that others were similarly misusing the product
  • finding plaintiff’s use of a car jack while he got underneath the vehicle to inspect it was not a reasonably anticipated use
  • “the level of generality at which a plaintiff’s ‘use’ of a product is defined will bear directly on whether the plaintiff satisfies the LPLA’s reasonably anticipated use requirement”

Source: CourtListener parenthetical corpus (CC0).

Judges: Politz, King, Jolly, Higginbotham, Davis, Jones, Smith, Duhé, Wiener, Barksdale, Garza, Demoss, Benavides, Stewart, Parker, Dennis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.