Legal Opinion

Wilson v. Pleasant

Indiana Supreme Court

Decided January 11, 1996No. 64S03-9506-CV-693PublishedCited by 33 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

SULLIVAN, Justice.

We hold that the Federal National Traffic and Motor Vehicle Safety Act of 1966 ("Safety Act"),1 and certain safety regulations promulgated under it, do not pre-empt a state common law tort claim of negligence based on failure to install an airbag.

*329Facts

On November 10, 1988, James Wilson was driving a 1986 Chevrolet automobile manufactured by General Motors ("GM") when he was hit head on by an automobile driven by William Pleasant. Wilson, who was not wearing his seat belt at the time of the accident, died at the seene.

Wilson's estate (and various…

2Cases cited48 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  5. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990

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

3Cited by33 opinions

  1. Geier v. American Honda Motor Co.Supreme Court of the United States · 2000
  2. Hottinger v. Trugreen Corp.Indiana Court of Appeals · 1996
  3. Hyundai Motor Co. v. AlvaradoTexas Supreme Court · 1998
  4. Drattel v. Toyota Motor Corp.New York Court of Appeals · 1998
  5. Cellucci v. General Motors Corp.Supreme Court of Pennsylvania · 1998

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

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