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SCHICK v. CHRYSLER CORP.

Civ. No. 86-1061.

675 F.Supp. 1183 (1987)

Gustave E. SCHICK, Individually and as Executor of the Estate of Bernice M. Schick, Deceased, and Violet Rodenburg, Executrix of the Estate of Willis H. Rodenburg, Deceased, v. CHRYSLER CORPORATION and Ford Motor Company, Defendants.

United States District Court, D. South Dakota, N.D.

December 15, 1987.

Attorney(s) appearing for the Case

John A. Harris, III, Lackey, Nusbaum, Harris, Reny & Torzewski, Toledo, Ohio, Randolph J. Seiler, Krause, Seiler & Cain, Mobridge, S.D., Chester Groseclose, Richardson, Groseclose, Kornmann & Wyly, Aberdeen, S.D., Douglas M. Deibert, Cadwell, Sanford & Deibert, Sioux Falls, S.D., for plaintiffs.

Kennith P. Gosch, Bantz, Gosch, Cremer, Petersen & Oliver, Aberdeen, S.D., for defendant Chrysler Corp.

Rory King, Siegel, Barnett & Schutz, Aberdeen, S.D., for defendant Ford Motor Co.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

This memorandum involves the preemptive scope of the Federal Motor Vehicle Safety Act, 15 U.S.C. § 1391 et seq. (Act). The question presented by the defendant Ford Motor Co.'s motion for partial summary judgment is whether the Act preempts a common law cause of action for negligence based on the failure of an automobile manufacturer to install an air bag passive restraint safety device in an automobile...

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