TEBBETTS v. FORD MOTOR CO.

No. 93-751.

140 N.H. 203 (1995)

JO-ANN TEBBETTS, ADMINISTRATRIX OF THE ESTATE OF REBECCA ANNE TEBBETTS v. FORD MOTOR COMPANY & a.

Supreme Court of New Hampshire.

September 19, 1995.


Attorney(s) appearing for the Case

McKean, Mattson & Latici, P.A., of Gilford (Edgar D. McKean, III on the brief), for the plaintiff.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Marc R. Scheer on the brief), and Parcel, Mauro, Hultin & Spaanstra, of Denver, Colorado (Malcolm E. Wheeler on the brief and orally), for the defendants.

Steven Eric Feld, of Portsmouth (Mr. Feld on the brief), Coben & Ryan, of Scottsdale, Arizona (Larry Coben on the brief), and Trial Lawyers for Public Justice, of Washington, D.C. (Arthur H. Bryant on the brief and orally), for Trial Lawyers for Public Justice, as amicus curiae.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Marc R. Scheer on the brief), and McCutchen, Doyle, Brown & Enersen, of San Francisco, California (David M. Heilbron on the brief), for the Product Liability Advisory Council, as amicus curiae.


BATCHELDER, J.

On May 15, 1991, Rebecca Anne Tebbetts was fatally injured in an automobile accident in Holderness. The plaintiff, Jo-Ann Tebbetts, administratrix of her daughter's estate, sued the defendants, Ford Motor Company and Robert H. Irwin Motors, Inc. (collectively Ford), alleging that the 1988 Ford Escort Rebecca was driving was defectively designed because it did not contain an airbag on the driver's side. Ford moved for summary judgment on the ground that...

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