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GREAT DANE TRAILERS v. ESTATE OF WELLS

No. 00-0022.

52 S.W.3d 737 (2001)

GREAT DANE TRAILERS, INC., Petitioner, v. ESTATE OF Garland Fredderick WELLS, deceased, Sametrius Wells, individually and as next friend of D. W., a minor child, and as administratrix of The Estate of Garland Fredderick Wells, Respondent.

Supreme Court of Texas.

Decided June 14, 2001.

Attorney(s) appearing for the Case

Robert M. Schick, Demetrios Anaipakos, Catherine B. Smith, Vinson & Elkins, Houston, for Petitioner.

Thomas K. Brown, Fisher, Boyd, Brown, Boudreaux & Huguenard, Houston, for Respondent.

Justice BAKER delivered the opinion of the Court.

The issue in the case is whether the plaintiffs' state common-law tort claims are impliedly preempted because they conflict with the National Traffic and Motor Vehicle Safety Act and Federal Motor Vehicle Safety Standard 108. Without specifying the ground, the trial court granted the defendant's summary-judgment motion, which alleged both express and implied preemption. The court of appeals, relying on this Court's...

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