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DUREN v. PACCAR, INC.

No. A01A0050.

549 S.E.2d 755 (2001)

249 Ga. App. 758

DUREN v. PACCAR, INC.

Court of Appeals of Georgia.

Certiorari Denied October 9, 2001.

Attorney(s) appearing for the Case

Hicks, Casey & Barber, William T. Casey, Jr., Mark A. Barber, Marietta, Mark W. Wortham, Buzzell, Graham & Welsh, Timothy K. Hall, Doffermyre, Shields, Canfield, Knowles & Devine, Foy R. Devine, David S. Hagy, Atlanta, Catherine Smith-Jones, for appellant.

Nelson, Mullins, Riley & Scarborough, Richard B. North, Jr., Donald L. Swift III, Atlanta, for appellee.

King & Spalding, Chilton D. Varner, Atlanta, Reynolds & McArthur, Charles M. Cork III, Macon, amici curiae.

RUFFIN, Judge.

Peyton Duren was killed when a tractor-trailer truck manufactured by Paccar, Inc. collided with his pickup truck. Duren's surviving spouse, Tammy Duren, sued Paccar, alleging the company is liable under state tort law for defectively designing and manufacturing the truck. Paccar moved for summary judgment, arguing that state law is preempted by federal law, which bars Duren's claim. The trial court granted...

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