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O'HARA v. GENERAL MOTORS CORP.

No. 06-10498.

508 F.3d 753 (2007)

Chad O'HARA, Individually and as Next Friend of H.O., a Minor; Michelle O'Hara, Individually and as Next Friend of H.O., a Minor, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 20, 2007.

Attorney(s) appearing for the Case

Phillip A. Wittmann (argued), Stone, Pigman, Walther & Wittmann, New Orleans, LA, Leon René Russell, Dallas, TX, Mary Lee Wolff, Patrick M. Ardis, William Edward Brown, Wolff Ardis, Memphis, TN, for Plaintiffs-Appellants.

Brendan K. McBride (argued), Karl Thomas Rivas, David McDonald Prichard, Prichard, Hawkins, McFarland & Young, San Antonio, TX, for Defendant-Appellee.

Leslie A. Brueckner, Public Justice, PC, Washington, DC, for Trial Lawyers for Public Justice, Amicus Curiae.

H. Christopher Bartolomucci, Hogan & Hartson, Washington, DC, for Alliance of Auto. Mfrs. and Ass'n of Intern. Auto. Mfrs, Inc., Amici Curiae.

Kenneth Steven Geller, David Morris Gossett, Erika Ziebarth Jones, Mayer Brown, LLP, Washington, DC, for Product Liability Advisory Council, Inc., Amicus Curiae.

Before JOLLY, CLEMENT and OWEN, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Chad and Michelle O'Hara ("the O'Haras") bring suit against General Motors Corporation ("GM") for injuries sustained by their daughter, H.O., when she was partially ejected from a 2004 Chevrolet Tahoe during a rollover accident. The district court granted summary judgment in favor of GM on the ground that the suit is preempted by Federal Motor Vehicle Safety Standard ("FMVSS") 205. 49 C.F.R. § 571.205. The O'Haras appeal. For...

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