O'Hara Ex Rel. H.O. v. General Motors Corp.

EDITH BROWN CLEMENT, Circuit Judge:

Chad and Michelle O’Hara (“the O’Har-as”) bring suit against General Motors Corporation (“GM”) for injuries sustained by their daughter, H.O., when she was partially ejected from a 2004 Chevrolet Tahoe during a rollover accident. The district court granted summary judgment in favor of GM on the ground that the suit is preempted by Federal Motor Vehicle Safety Standard (“FMVSS”) 205. 49 C.F.R. § 571.205. The O’Haras appeal. For the reasons stated below, we reverse in part, affirm in part and remand to the district court.

I. FACTS AND PROCEEDINGS

H.O., a minor,…