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DRATTEL v. TOYOTA MOTOR CORP.

92 N.Y.2d 35 (1998)

699 N.E.2d 376

677 N.Y.S.2d 17

Caryn Drattel et al., Respondents, v. Toyota Motor Corporation et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 16, 1998.

Attorney(s) appearing for the Case

Lester, Schwab, Katz & Dwyer, New York City (Eric A. Portuguese, Harold Lee Schwab and Steven B. Prystowsky of counsel), for appellants.

Lipsig, Shapey, Manus & Moverman, P. C., New York City (Arthur H. Bryant, Alan M. Shapey and Brian J. Isaac of counsel), for respondents.

Mayer, Brown & Platt (Kenneth S. Geller, of the District of Columbia Bar, admitted pro hac vice, of counsel) for Product Liability Advisory Council, Inc., amicus curiae.

Coben & Associates (Larry E. Coben, of the Arizona Bar, admitted pro hac vice, of counsel) and John C. Cherundolo, New York City, for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges TITONE, SMITH, CIPARICK and WESLEY concur with Judge BELLACOSA; Judge LEVINE dissents and votes to reverse in a separate opinion.

BELLACOSA, J.

This Court must determine whether the National Traffic and Motor Vehicle Safety Act of 1966 preempts a State common-law action. The lawsuit is against a manufacturer, based on the theory of defective design due to the absence of an air bag in a 1991 Toyota Tercel. We conclude that the plaintiffs' common-law claim was not preempted by the Congressional Safety Act under any of the propounded theories...

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