Driver whose head hit steering wheel during collision successfully established breach of express warranty under the LPLA. The court, however, reversed the jury award on the basis that plaintiff failed to satisfy the “proximate causation” requirement that “he sustained more severe injuries than he would have received if the air bag had deployed.” Curiously, the Court found expert testimony that “the deployment of the air bag would probably have prevented Caboni’s head from hitting the steering wheel” insufficient. “Caboni” the Court explained, “believes that a reasonable jury could infer that, because his head would not have hit the steering wheel had the air bag deployed, he would have suffered less severe injuries. Caboni is wrong in stating that he does not have to present expert testimony to specifically state that he sustained more severe injuries than he would have received if the air bag had deployed because the jury could reach this conclusion based on the evidence in its entirety. Whether or not the failure of the driver’s side air bag to deploy ‘enhanced’ plaintiff’s injuries, is not a part of the everyday experience of the consuming public” and therefore “reasonable jurors could not arrive at a verdict against GM.” Caboni v. GMC, 398 F.3d 357 (5th Cir. 2005).
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