Pauline W. KITTS, as Personal Representative of the Estate of Willard F. Kitts, Deceased, Plaintiff-Appellant,
v.
GENERAL MOTORS CORPORATION, Defendant-Appellee.
Product Liability Advisory Council, Inc., Automobile Importers of America, Inc., and Motor Vehicle Manufacturers Association of the United States, Inc., Amicus Curiae.
Wayne M. RICHART, as Personal Representative of the Estates of Norman J. Richart, Deceased, and Jean R. Richart, Deceased, Plaintiff-Appellee,
v.
FORD MOTOR COMPANY, Defendant-Appellant.
The Association of Trial Lawyers of America; Trial Lawyers for Public Justice; and United States of America, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
May 19, 1989.
May 19, 1989.
Attorney(s) appearing for the Case
Joseph Goldberg of Carpenter & Goldberg, P.A., Albuquerque, N.M. (William H. Carpenter and David J. Stout of Carpenter & Goldberg, P.A., and William E. Snead of Ortega & Snead, P.A., Albuquerque, N.M., with him on the briefs), for plaintiff-appellant in No. 87-2517.
David M. Heilbron of McCutchen, Doyle, Brown & Enersen, San Francisco, Cal. (Leslie G. Landau of McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., Thomas E. Fennell of Jones, Day, Reavis & Pogue, Dallas, Texas; John P. Raleigh and Nicholas J. Wittner of General Motors Corp., Detroit, Mich., Russell D. Mann and Bob F. Turner of Atwood, Malone, Mann & Turner, Roswell, N.M., with him on the brief), for defendant-appellee in No. 87-2517.
(William H. Crabtree and Edward P. Good, Detroit Mich., Charles H. Lockwood II, Arlington, Va., and Paul M. Bator and Stephen M. Shapiro of Mayer, Brown & Platt, Chicago, Ill., on the brief, for amicus curiae in No. 87-2517.)
Malcolm E. Wheeler of Skadden, Arps, Slate, Meagher & Flom, Los Angeles, Cal. (Robert G. McCorkle of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, N.M., with him on the briefs), for defendant-appellant in No. 88-1900.
Walter J. Melendres of Montgomery & Andrews, P.A., Santa Fe, N.M., for plaintiff-appellee in No. 88-1900.
(Arthur H. Bryant of Trial Lawyers for Public Justice, Washington, D.C., on the brief, for amicus curiae Trial Lawyers for Public Justice, P.C. in No. 88-1900.)
(Larry E. Coben of Litvin, Blumberg, Matusow & Young, Philadelphia, Pa., and Eugene E. Pavalon, President, The Ass'n of Trial Lawyers of America, Chicago, Ill., on the brief, for amicus curiae Association of Trial Lawyers of America in No. 88-1900.)
(B. Wayne Vance, Gen. Counsel, and Kenneth N. Weinstein, Deputy Asst. Gen. Counsel, U.S. Dept. of Transp., Erika Z. Jones, Chief Counsel, and David W. Allen, Asst. Chief Counsel, National Highway Traffic Safety Admin., Washington, D.C., William L. Lutz, U.S. Atty., D. New Mexico, John R. Bolton, Asst. Atty. Gen., and Douglas Letter, Appellate Litigation Counsel, Civil Div., Dept. of Justice, Washington, D.C., on the brief, for amicus curiae U.S. in No. 88-1900.)
Before McKAY, McWILLIAMS, and BALDOCK, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
Kitts v. General Motors Corp., No. 87-2517, and Richart v. Ford Motor Co., No. 88-1900, were separately submitted to us. On our own motion we consolidate for purposes of disposition of the preemption issue before us in both cases.
Although the cases before us are not factually identical, appellants raise the same issue on appeal: whether section 103(d) of the National Traffic and Motor Vehicle Safety Act (the "Safety Act...
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