Home -> Law Blog Directory -> Personal Injury Law Blogs -> Day on Torts
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Day on TortsSCOTUS To Consider Seatbelt Preemption Case
By John Day
The United States Supreme Court has agreed to consider whether the family of a woman killed in a car accident should be permitted to bring suit against Mazda Motor Corp. alleging that the death was caused by the failure of Mazda to install three-point seatbelts in its 1993 MPV minivan.
Here are the questions presented in the case:
1. Where Congress has provided that compliance with a federal motor vehicle safety standard 'does not exempt a person from liability at common law,' 49 U.S.C. § 30103(e), does a federal minimum safety standard allowing vehicle manufacturers to install either lap-only or lap/shoulder seatbelts in certain seating positions preempt a state common-law claim alleging that the manufacturer should have installed a lap/shoulder belt in one of those seating positions?
2. Under Wyeth v. Levine, does a federal motor vehicle safety standard allowing vehicle manufacturers to install either lap-only or lap/shoulder seatbelts impliedly preempt a state tort suit alleging that the manufacturer should have warned consumers of the known dangers of a lap-only seatbelt installed in one of its vehicles?
The Court of Appeals of California would not let the case proceed, saying that the Williams' claims were preempted under federal law. Here is a copy of the California opinion.
The Williams v. Mazda M otor Corp. case will be heard during the Supreme Court's 2010-2011 term.
Full post as published by Day on Torts on June 03, 2010 (boomark / email).
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Gleevec
Possible Case of Kidney Damage Reported
Hampton Inn
Third Case of Legionnaires' Disease Linked to McHenry Hampton Inn Hot Tub
18-Wheeler Accident Case Settled for $600,000
18-Wheeler Accident Case Settled for $600,000
Jury Awards $29M in Elder Abuse Case
Jury Awards $29M in Elder Abuse Case
Female Sales Reps Win Gender Case Against Novartis
Female Sales Reps Win Gender Case Against Novartis

SCOTUS preemption cases -- Findlaw commentary
KSP are citing people in parked cars who dont have their seatbelt fastened
Article VI Fever: Got my judicial mojo workin'.
Preemption: Meanwhile, back at the convention
Felony-misdemeanor preemption analysis yields odd result
New Automotive Safety Preemption Case







