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MORGAN v. FORD MOTOR CO.

No. 34139.

680 S.E.2d 77 (2009)

Josephine MORGAN, Plaintiff Below, Appellee, v. FORD MOTOR COMPANY, a Delaware corporation; Bridgestone/Firestone, Inc., an Ohio corporation; and Francis Robert Morgan, Defendants Below, Appellees, and Michelle Archuleta, as Personal Representative of The Estate of Robert Francis Morgan, Cross-Claim Plaintiff Below, Appellant, v. Ford Motor Company, a Delaware corporation, Cross-Claim Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2009.

Attorney(s) appearing for the Case

Scott S. Segal, Esq., Victor S. Woods, Esq., The Segal Law Firm, Charleston, for the Appellant.

Michael Bonasso, Esq., Alonzo D. Washington, Esq., Flaherty, Sensabaugh & Bonasso, P.L.L.C., Charleston, Bryan D. Cross, Esq., Wheeler Trigg Kennedy, LLP, Denver, CO, for Appellee Ford Motor Company.

Stephanie D. Taylor, Esq., Jones Day, Pittsburgh, PA, for amicus curiae Product Liability Advisory Council, Inc.

KETCHUM, Justice:

In this appeal from the Circuit Court of Kanawha County, we are asked to consider whether a plaintiff's state cause of action against a motor vehicle manufacturer is preempted by federal law. The plaintiff was injured in a motor vehicle roll-over accident, in part, because the side-window glass shattered and allowed the plaintiff's arm to exit the vehicle and be pinned between the vehicle and the pavement...

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