• 9th Cir.
  • No. 09-17792
  • Jeremy D. Fogel, District Judge, Presiding Argued and Submitted Before: Mary M. Schroeder, Diarmuid F. O'Scannlain, and Susan P. Graber, Circuit Judges.
  • For Plaintiff: John Burton, The Law Offices of John Burton, Pasadena, California, argued the cause and filed the briefs for the individual appellants, Evelyn and Robert Rosa and for appellant Holly Rosa, as an individual and as the personal representative of Michael Robert Rosa. With him on the briefs was Peter M. Williamson, Williamson & Kraus, Woodland Hills, California.
  • For Defendant: John R. Maley, Barnes & Thornburg LLP, Indianapolis, Indiana, argued the cause and filed the brief for appellee, TASER International, Inc. With him on the brief was Mildred K. O’Linn, Manning & Marder, Kass, Ellrod, Ramirez LLP, Los Angeles, California.
Stun-gun manufacturer had no duty under California law to warn of fatal side effect not shown to have been knowable at time it caused death (O'Scannlain, J.)