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EFTA01378426

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Page 4 2009 U.S. Dist. LEXIS 29508, * get all four wheels back in the lane of travel. During the course of this maneuver, the Yukon began to "fish tail" (or yaw) in an unexpected fashion and then shot quickly back across the lanes of westbound traffic. During the course of this maneuver, the Yukon began to yaw violently, the wheels lifted, and the vehicle began to roll over. The vehicle ultimately landed in a ditch, and as a result of the rollover, each passenger in the Yukon sustained severe personal injuries. With respect to defendants Takata Corporation, Takata North America, Inc., TK Holdings, Inc., Takata Seat Belts, Inc., Takata Restraint Systems, Inc., and Takata U.S.A. Corporation ("Takata Defendants"), the Third Amended Complaint alleges, among other things, as follows: 12. The safety belts in the Yukon were designed. manufactured. and assembled by the Takata Defendants. GMC provided specifications to the Takata Defendants. rsi The Takata Defendants designed and manufactured the safety belts and buckles. GMC installed the safety belts and buckles into the Yukon. Both GMC and the Takata Defendants tested the buckles and safety belts components. GMC caused the Yukon to be marketed. advertised, and represented as containing qualities that it did not have. 18. At all relevant times, the Takata Defendants. acting by and through their employees. agents, and/or vice principals. had a duty to design. manufacture. test. market, and distribute the safety restraint system of the Yukon in such a manner that did not cause the system and the Yukon to be unreasonabty dangerous. The system provided by the Takata Defendants wastrs defective because if failed to provide reasonable protection by allowing an unreasonable amount of webbing spool-out during the course of the present rollover thus resulting in injuries to occupants that would not have otherwise occurred. The spool•out is specifically caused by the design of the retractor system. which was u

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