Hyundai Motor Co. v. Alvarado

OWEN, Justice,

joined by PHILLIPS, Chief Justice, and HECHT and ENOCH, Justices, dissenting.

Fundamentally, the issue in this case is whether Congress intended in the National Traffic and Motor Vehicle Safety Act of 1966 to leave the decision as to what occupant restraints should be provided in vehicles to the Secretary of Transportation or to leave that decision to juries across America. Not surprisingly, a solid majority of the courts to consider this issue have held that Congress intended that the Secretary make this determination. The issue of what safety restraints should be required…