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Legal Opinion

Hernandez-Gomez v. Leonardo

Arizona Supreme Court

Decided November 1, 1994No. CV-93-0202-PRPublishedCited by 17 opinions

1Opinion of the Court

OPINION

FELDMAN, Chief Justice.

The court of appeals denied special action relief in this case and we granted review to consider an issue of first impression in this state: Does the National Traffic and Motor Vehicle Safety Act (the Safety Act) preempt a state law tort action against a car manufacturer that did not incorporate a lap belt in its passive restraint system?

We have jurisdiction under Ariz. Const, art. 6, § 5(3) and Ariz.R.P.Spec. Act. 8.

FACTS AND PROCEDURAL HISTORY

The operative facts are few and undisputed. On November 6, 1988, Amparo Hemandez-Gomez (Plaintiff) was riding in the…

2Cases cited26 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  4. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
  5. CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993

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3Cited by17 opinions

  1. State v. WilloughbyArizona Supreme Court · 1995
  2. Jenkins v. Amchem Products, Inc.Supreme Court of Kansas · 1994
  3. Hyundai Motor Co. v. AlvaradoTexas Supreme Court · 1998
  4. Wilson v. PleasantIndiana Supreme Court · 1996
  5. Cooper v. General Motors Corp.Mississippi Supreme Court · 1997

12 more not listed; retrieve them via the Exa API.

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