Truck toolbox maker Daws Manufacturing Co. faces trial in a suit by the parents of a child killed when a toolbox was pushed into a truck cab and struck him following a rear-end collision (Diaz v. Daws Mfg. Co., 2017 BL 282179, N.D. Cal., No. 12-05325, 8/11/17).
A jury must determine whether the toolbox design played a part in causing the death of Jose Cortes Diaz, 4, the U.S. District Court for the Northern District of California said Aug. 11.
The plaintiffs may also seek punitive damages, the court said.
But the parents can’t pursue emotional distress claims ...
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