The U.S. Court of Appeals for the Fifth Circuit has affirmed a district court’s ruling to dismiss a product defect and negligence suit against Toyota Motor Corp., saying a widower couldn’t prove that manufacturing or design defects in the side-curtain air bags of his wife’s 2010 Highlander caused her death in a crash.
A three-judge panel of the Fifth Circuit ruled Oct. 20 that plaintiff Scott Casey failed to “provide sufficient evidence that the side curtain shield airbag suffered from a manufacturing defect or that there was a safer alternative design.”
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