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HERNANDEZ-GOMEZ v. LEONARDO

No. CV-93-0202-PR.

180 Ariz. 297 (1994)

884 P.2d 183

Amparo HERNANDEZ-GOMEZ, Petitioner, v. Hon. John S. LEONARDO, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, Volkswagen of America, Inc., a New Jersey Corporation, and Volkswagenwerk Aktiengesellschaft, a Foreign Corporation, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

November 1, 1994.

Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C. by Gregory G. Wasley and D. Dale Haralson, Tucson, for petitioner.

Fennemore Craig, P.C. by Timothy Berg, William T. Burghart and Joseph P. Mikitish, Phoenix, and Herzfeld & Rubin by Craig L. Winterman, Los Angeles, CA, for real parties in interest.

OPINION

FELDMAN, Chief Justice.

The Court of appeals denied special action relief in this case and we granted review to consider an issue of first impression in this state: Does the National Traffic and Motor Vehicle Safety Act (the Safety Act) preempt a state law tort action against a car manufacturer that did not incorporate a lap belt in its passive restraint system?

We have jurisdiction under...

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