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Parks v. Hyundai Motor Am. Inc.

The trial court prematurely granted summary judgment to an automobile distributor in the plaintiffs' injury and wrongful death suits where evidence showed that the distributor was less than forthright in its discovery responses.

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Peggy and Cedric Parks Sr. appeal following the trial court’s grant of summary judgment to Hyundai Motor America, Inc. “Hyundai America” on the Parkses’ claims arising out of a head-on automobile collision on July 3, 1998.

The collision occurred when a 1989 Hyundai Excel driven by Peggy Parks was struck by a vehicle driven by Eric Ray Jones, who was under the influence of alcohol. The three minor children of Peggy Parks and her husband, Cedric Parks, Sr., were in the back seat of the Hyundai wearing their seatbelts at the time. Peggy Parks was injured in the collision and her five-year-old son, Cedric J. Parks Jr. was killed. The Parkses’ other two children, Ceisha and Candace Parks, were also severely injured in the crash.

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