Cellucci v. General Motors Corp.

Today the Majority, by its decision to shield automakers from our state’s liability laws, has taken the unenlightened approach, refusing to recognize the current trend, sanctioned by no less than the United States Supreme Court, which would allow plaintiffs claim to proceed.

The question presented to the court is whether under the terms of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. §§ 1381 et. seq. (the “Safety Act”), a common *458law cause of action against an auto manufacturer may be based upon the failure to install an airbag in a vehicle built before such safety…