Lynda D. Perry v. Mercedes Benz of North America, Inc. And Abc Insurance Company
Court of Appeals for the Fifth Circuit
1Opinion of the Court
REAVLEY, Circuit Judge:
Lynda D. Perry contends that Mercedes Benz of North America (MBNA) defectively designed or defectively constructed the air bag system that was installed in Perry’s automobile. The district court granted summary judgment for MBNA, 761 F.Supp. 437, holding that federal law preempts Perry’s defective design claim and that Perry’s evidence raised no genuine issues of material fact to support her claim of defective construction. We decide that summary judgment was proper on the defective construction claim. But we hold that federal law does not preempt Perry’s design claim,…
2Cases cited20 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
- Felder v. CaseySupreme Court of the United States · 1988
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- King v. Ford Motor Co.Court of Appeals for the Sixth Circuit · 2000
- Sipes v. General Motors Corp., Texas Court of Appeals, 6th District (Texarkana)1997
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