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MARTINEZ v. FORD MOTOR CO.

Docket No. 170424.

568 N.W.2d 396 (1997)

224 Mich. App. 247

Flora MARTINEZ, Personal Representative of the Estate of Sylvia Martinez, Deceased, Plaintiff-Appellee, v. FORD MOTOR COMPANY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 20, 1997, at 9:00 a.m.

Released for Publication September 11, 1997.

Attorney(s) appearing for the Case

John S. Paterson and Kimberly A. Tomczyk, Sandusky (Rosemary A. Gordon, Grosse Pointe, of counsel), for Plaintiff-Appellee.

Dickinson, Wright, Moon, Van Dusen & Freeman by John E.S. Scott, Richard A. Wilhelm and Michael S. Daar (Parcel, Mauro, Hultin & Spaanstra by Malcolm E. Wheeler, pro hac vice, Denver, CO, of counsel), Detroit, for Defendant-Appellant.

McCroskey, Feldman, Cochrane & Brock by Eric Lewis, Muskegon, Coben & Ryan by Larry Coben, Scottsdale, AZ, and Arthur H. Bryant, Washington, DC, amicus curiae, for Trial Lawyers for Public Justice.

Before BANDSTRA, P.J., and NEFF and M.E. DODGE , JJ.

NEFF, Judge.

The question before us is whether federal law preempts a state law tort claim against an automobile manufacturer for failure to design and manufacture an automobile with an airbag or other passive occupant restraint system, when federal regulations permitted the use of manual systems. We join the vast majority of jurisdictions that have addressed this issue1 and hold that such a common-law claim is preempted.

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