Circuit Court of Missouri,
Kansas City.
Jackson County
Edith MORGAN, et al., Plaintiffs,
v.
GENERAL MOTORS CORPORATION, et al., Defendants.
June 15, 2004.
Division 11
General Motors Corporation's Trial Brief
John T. Hickey, Jr., P.C., Brian D. Sieve, P.C., Renee D. Honigberg, Kirkland & Ellis LLP, 200 East Randolph Drive, Chicago, Illinois 60601, Telephone: (312) 861-2000, Facsimile: (312) 861-2200, -and- John W. Cowden MO #21447, Elizabeth Raines MO #53192, Baker Sterchi Cowden & Rice, L.L.C., 2400 Pershing Road, Suite 500, Kansas City, Missouri 64108-2504, Telephone: (816) 471-2121, Facsimile: (816) 472-0288, Counsel for Defendant, General Motors Corporation.
|
TABLE OF CONTENTS
|
|
|
1
|
|
|
1
|
II. The 1999 Chevrolet Suburban
|
2
|
|
|
3
|
LEGAL STANDARDS AND ANALYSIS
|
4
|
I. Plaintiffs Cannot Prevail On Their Strict Liability Or Negligence Claims
|
5
|
|
|
5
|
1. Strict Liability -- Design Defect
|
5
|
2. Negligence -- Failure To Use Ordinary Care
|
6
|
B. Plaintiffs Cannot Establish Essential Elements Of Their Strict Liability And Negligence Claims
|
6
|
1. The Suburban's Roof Was Not Unreasonably Dangerous
|
7
|
2. The Allegedly Defective Roof Did Not Cause Mr. Thomas's Injuries Or Death
|
7
|
II. Compensatory and Punitive Damages Issues
|
8
|
|
|
8
|
1. Pecuniary losses suffered by reason of the death;
|
8
|
|
|
8
|
3. Reasonable value of services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support; and
|
8
|
4. Damages the deceased may have suffered between the time of injury and the time of death
|
8
|
B. Plaintiffs Cannot Present Clear And Convincing Evidence To Support Their Aggravating Circumstances Damages Claims
|
9
|
1. To Succeed On Their Aggravating Circumstances Damages Claims, Plaintiffs Must Establish By Clear and Convincing Evidence That GM's Conduct Was “Tantamount To Intentional Wrongdoing.”
|
9
|
2. Courts Applying Missouri Law Have Repeatedly Found That No Punitive Damages Claims Exists Where -- As Here -- Defendants Have Complied With Applicable Safety Regulations Or Industry Standards
|
10
|
|
|
13
|
)