MYRICK v. FREUHAUF CORP.

Nos. 92-8386, 92-8387 and 92-8536.

13 F.3d 1516 (1994)

Ben MYRICK and Emily Myrick, Plaintiffs-Appellants, v. FREUHAUF CORPORATION, Defendant, Freightliner Corporation, Defendant-Appellee. Jack LINDSEY, Executor of the Estate of Grace C. Lindsey, Deceased, Jack Lindsey, as Surviving Spouse of Grace C. Lindsey, Deceased, Plaintiff-Appellant, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, Defendant-Appellee, International Harvester Company, Defendant.

United States Court of Appeals, Eleventh Circuit.

February 11, 1994.


Attorney(s) appearing for the Case

James E. Carter, Madison, GA, for plaintiffs-appellants Ben Myrick and Emily Myrick in 92-8386 and 92-8536.

Edgar A. Neely, III, Richard B. North, Jr., Neely & Player, Atlanta, GA, for defendant-appellee Freightliner Corp. in 92-8386.

Foy R. Devine, Atlanta, GA, for amicus Georgia Trial Lawyers in 92-8386, 92-8387 and 92-8536.

Larry E. Coben, Philadelphia, PA, for amicus Assoc. of Trial Lawyers of America in 92-8386, 92-8387 and 92-8536.

James L. Gilbert, Birmingham, AL, for amicus Attorney's Information Exchange Group in 92-8386.

Allan R. Roffman, Lambert & Roffman, James Edward Carter, The Carter Firm, Madison, GA, for plaintiff-appellant Jack Lindsey in 92-8387.

Richard B. North, Jr., Edgar Adams Neely, III, Neely & Player, Atlanta, GA, for defendant-appellee Navistar Intern. Transp. Corp. in No. 92-8387.

James L. Gilbert, Francis H. Hare, Jr., Birmingham, AL, for Attorney's Information Exchange Group in 92-8387 and 92-8536.

Harry J. Fox, Jr., Asst. U.S. Atty., Macon, GA, Richard B. North, Jr., Edgar A. Neely, III, Neely and Player, PC, Atlanta, GA, for defendant-appellee Freightliner Corp. in 92-8536.

Before EDMONDSON and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.


CARNES, Circuit Judge:

This consolidated appeal presents the question of whether a common law tort action for failure to install anti-lock brakes in a tractor-trailer truck is pre-empted by provisions of the National Traffic and Motor Vehicle Safety Act ("the Safety Act"), Pub.L. No. 89-563, 80 Stat. 718 (1966) (codified at 15 U.S.C. §§ 1381-1431). This Court answered a similar question arising under the same statute in Taylor v. General Motors Corp....

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