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WOHL v. SPALDING AND EVENFLO CO.'S, INC.

9302-00720; CA A83807.

901 P.2d 929 (1995)

136 Or. App. 503

Jeffrey WOHL, Guardian ad Litem for Kayla Wohl, Appellant, v. SPALDING AND EVENFLO CO.'S, INC., a foreign corporation, Evenflo Corp., dba Evenflo Juvenile Furniture Company, Inc., and J.C. Penney, Inc., a foreign corporation, Respondents. SPALDING & EVENFLO COMPANIES, INC., a Delaware corporation, Evenflo Juvenile Furniture Company, a Delaware corporation, J.C. Penney, Inc., a Delaware corporation, Third-Party Plaintiffs, v. Susan Ann WOHL, Third-Party Defendant.

Court of Appeals of Oregon.

Decided September 6, 1995.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause for appellant. With her on the briefs were Maureen Leonard and Mark R. Bocci, Lake Oswego,

I. Franklin Hunsaker, Portland, argued the cause for respondents. On the brief were Lisa E. Lear, Ronald E. Bailey, Ronald J. Clark and Bullivant, Houser, Bailey, Pendergrass & Hoffman.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Plaintiff Jeffrey Wohl, as the guardian ad litem of his daughter, Kayla, appeals from a summary judgment dismissing negligence and product liability claims against defendants, who manufactured, distributed, and sold an allegedly defective child restraint seat. The trial court concluded that those claims were preempted by the National Traffic and Motor Vehicle Safety Act of 1966 (the Safety Act), 15 USC § 1381 et seq., and related standards...

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