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CUNNINGHAM v. SUBARU OF AMERICA, INC.

Civ. A. No. 85-2621-S.

684 F.Supp. 1567 (1988)

Luther Kevin CUNNINGHAM, Plaintiff, v. SUBARU OF AMERICA, INC., et al., Defendants.

United States District Court, D. Kansas.

April 13, 1988.

Attorney(s) appearing for the Case

Gary C. Robb, Anita Porte Robb, Robb & Robb, Kansas City, Mo., Gerald T. Elliott, Gerald T. Elliott Law Firm, Overland Park, Kan., for plaintiffs.

Thomas O. Baker, Mary Michael Kelly, McAnany, Van Cleave & Phillips, Kansas City, Mo., for Subaru of America.

Thomas N. Sterch, James T. Seigfreid, Baker & Sterchi, John J. Jurcyk, Jeanne Gorman Rau, Kansas City, Mo., for Fuji Jukogyo Kabushiki Kaisha.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This product liability action was tried to a jury in September and October, 1987, resulting in a plaintiff's verdict for $467,710 in actual damages (reduced to $374,168 based on plaintiff's comparative fault of 20%) and $1.5 million in punitive damages. The allegedly defective product was a 1979 Subaru "Brat," a vehicle resembling a small pick-up that included two rearward-facing seats in the bed. The jury found...

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