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VOLVO CARS OF NORTH AMERICA v. RICCI

No. 45439.

137 P.3d 1161 (2006)

VOLVO CARS OF NORTH AMERICA, INC.; Volvo Car Corporation; and AB Volvo, Appellants, v. Patrick A. RICCI and Patricia Ricci, Husband and Wife, Respondents.

Supreme Court of Nevada.

July 13, 2006.

Attorney(s) appearing for the Case

Law Offices of Greg W. Marsh, Chtd., and Greg W. Marsh, Las Vegas; Bowman and Brooke LLP and David W. Graves Jr., Minneapolis, MN, for Appellants.

Peter Chase Neumann, Reno; Coben & Associates and Larry E. Coben, Scottsdale, AZ, for Respondents.

Bradley Drendel & Jeanney and Thomas E. Drendel, Reno, for Amicus Curiae Nevada Trial Lawyers Association.

Perry & Spann and Charles W. Spann, Reno; Harvey Grossman, Los Angeles, CA, for Amicus Curiae Product Liability Advisory Council, Inc.

Before the Court En Banc.

OPINION

GIBBONS, J.

The United States District Court has certified two questions to this court concerning the admissibility of government and industry automobile safety standards in a strict products liability action based on design defect. We conclude that the questions are not amenable to certification under NRAP 5 because our answers could not in any sense "be determinative" of the federal action. Therefore, we decline to answer them.

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