Hutto v. Francisco

OPINION

LANKFORD, Presiding Judge.

¶ 1 This appeal requires us to decide whether a vehicle owner may bear tort liability for a death arising from the absence of a safety belt. Specifically, may a jury find that the owner must maintain the safety belt as part of his duty to keep his vehicle in safe operating condition? Is state tort law liability permitted despite the existence of federal safety regulation of vehicle manufacturers?

¶2 We answer both of these questions affirmatively. Accordingly, we reverse the superior court’s summary judgment for Defendant vehicle owners.

¶3 Sadly, this case…