Mario ALVARADO; Fidel Alvarado, Jr.; and Alicia Alvarado, Individually and As Next Friends of Fidel Alvarado, III, a Minor, Appellants,
v.
HYUNDAI MOTOR COMPANY; Hyundai Motor America, Inc.; and Port City Hyundai, Inc., Appellees.
Court of Appeals of Texas, San Antonio.https://leagle.com/images/logo.png
August 9, 1995.
Rehearing Overruled September 18, 1995.
Attorney(s) appearing for the Case
Steve T. Hastings, Rose Rivera Vela, Allison & Huerta, Corpus Christi, Christa Brown, Austin, for appellants.
Eduardo Roberto Rodriguez, Rodriguez, Colvin & Chaney, L.L.P., Brownsville, Ruth Greenfield Malinas, Frank Montalvo, David M. Prichard, Ball & Weed, P.C., San Antonio, David M. Heilbron, Leslie G. Landau, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, David E. Keltner, Haynes and Boone, L.L.P., Fort Worth, Thomas H. Crofts, Jr., Crofts, Callaway & Jefferson, P.C., San Antonio, Armando X. Lopez, Laredo, Lee Casstevens, Wood, Burney, Cohn & Bradley, Corpus Christi, for appellees.
Before STONE, HARDBERGER and REEVES, JJ.
Court of Appeals of Texas, San Antonio.
OPINION
HARDBERGER, Justice.
This product liability case involving the seat belt design of a Hyundai car raises the question of whether there has been federal preemption of seat belt design. If there has been preemption then a common law negligence or products liability lawsuit is prohibited by the supremacy clause of Article VI of the United States Constitution. The trial judge ruled that there was preemption...
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