Carrasquilla v. Mazda Motor Corp.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

By order dated September 25, 2001, we dismissed as preempted by federal law plaintiffs’ claim based upon defendants’ choice of restraint system consisting of a two-point passive shoulder belt and a manual lap belt. In that same order, we denied defendants’ motion for summary judgment as to claims that “(1) the Proté-gé was negligently designed and defective in design in that it lacked an adequate seat back, seat track mechanism and knee bolster; and (2) [that] defendants failed to warn adequately of the risk of harm associated with the lack of an…