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WILSON v. PLEASANT

No. 64S03-9506-CV-693.

660 N.E.2d 327 (1995)

Mary WILSON, Individually, and as the Administrator of the Estate of James Darryl Wilson, Deceased; et al., Appellant, v. William G. PLEASANT, Jr., General Motors Corporation, Appellee.

Supreme Court of Indiana.

Opinion Concurring in Part and Concurring in Result January 11, 1996.

Rehearing Denied March 7, 1996.

Attorney(s) appearing for the Case

James W. Myers, III, Valparaiso, David H. Knobel, Merrillville, for Appellant.

Daniel J. Harrigan, Bayliff, Harrigan, Cord & Maugans, P.C., Kokomo, for amicus curiae Indiana Trial Lawyers Association.

David M. Heilbron, Leslie G. Landau, McCutchen, Doyle, Brown & Enersen, San Francisco, California, Alex Dimitrief, Kirkland & Ellis, Chicago, Illinois, Eric L. Kirschner, Randall J. Nye, Beckman, Kelly & Smith, Hammond, Frank Galvin, Galvin, Stalhmack & Kirschner, Hammond, for Appellee.

Opinion by Justice Selby Concurring in Part and Concurring in Result January 11, 1996.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

We hold that the Federal National Traffic and Motor Vehicle Safety Act of 1966 ("Safety Act"),1 and certain safety regulations promulgated under it, do not pre-empt a state common law tort claim of negligence based on failure to install an airbag.

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