Daniel Matus v. Kustom US, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 7 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL MATUS, by and through personal No. 23-16134 representative estate of Arlene Matus, D.C. No. 4:22-cv-00502-JAS Plaintiff-Appellant,

v. MEMORANDUM*

KUSTOM US, INC., an Ohio corporation,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona James Alan Soto, District Judge, Presiding

Argued and Submitted July 18, 2024 San Francisco, California

Before: M. SMITH, BENNETT, and JOHNSTONE, Circuit Judges.

Arlene Matus was struck and killed by a truck driven by an employee of

Kustom US, Inc. (“Kustom”). Her estate (“the Estate”) sued Kustom under

Arizona’s survival statute, seeking $2,000 in damages for Matus’s funeral

expenses and between $340,000 and $370,000 in damages for Matus’s loss of

future earnings. The district court dismissed the case for lack of subject matter

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.…