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GARCIA v. RIVERA

143 Misc.2d 788 (1989)

Peter Garcia, Plaintiff, v. Ines M. Rivera et al., Defendants.

Supreme Court, Bronx County.

March 31, 1989

Attorney(s) appearing for the Case

Townley & Updike for Fruehauf Corporation, defendant. Wolf & Malach for plaintiff. Benjamin Purvin for Ines M. Rivera and another, defendants. Maloney, Murphy, McLoone, Nelson, Dobise & McGrane (John L. Marsigliano of counsel), for Barry T. Fox, Jr., and another, defendants.

BERTRAM KATZ, J.

In this matter arising out of a collision between a tractor trailer and a passenger car on the Cross-Bronx Expressway in 1983, the defendant Fruehauf Corp., a manufacturer and designer of tractor trailer bumpers, contends that the safe design of such bumpers is an area wholly reserved to and preempted by Federal regulations, and that jurors in State tort cases may not set a standard of care...

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