Motor Coach Industries Mexico, S.A. De C v. F/K/A Dina Autobuses, S.A. De C v. v. James Hinton, Individually and as Representative of the Estate of Dolores Hinton

• Court: Court of Appeals of Texas
• Decided: September 10, 2008
• Docket: 10-06-00256-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-06-00256-CV

MCI SALES AND SERVICE, INC., F/K/A HAUSMAN BUS SALES, INC., AND MOTOR COACH INDUSTRIES MEXICO, S.A. DE C.V., F/K/A DINA AUTOBUSES, S.A. DE C.V., Appellants v.

JAMES HINTON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DOLORES HINTON, DECEASED, DAVID HINTON, ROBERT KURYLA, KAREN KURYLA, HATTIE BINNS, RETA HAYNES, MELINDA GREGER, ALAN HORTON, ELAINE HORTON, RUTH POWELL, JUDY BENSON, JAMES L. FREEMAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JO CATHERINE FREEMAN, DECEASED, JAMES F. FREEMAN, MELANIE JO BROOKS, SUSAN AKERS BILLS, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATES OF ROBERT MELVIN AKERS, DECEASED, AND MILDRED DELOIS AKERS, DECEASED, ROBERT MELVIN AKERS, JR., PATSY BEASLEY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF WAYNE BEASLEY, DECEASED, SHIRLEY SOMMER, AND PEGGY ARMSTRONG, Appellees

From the 170th District Court McLennan County, Texas Trial Court No. 2003-2308-4

DISSENTING OPINION

The events of this case are tragic. But the state law crashworthiness design claims being made by the plaintiffs against the manufacturer of the bus are pre-empted

by federal law. And in recognition of the benefits of a single regulatory entity for all

states in the United States, the expanse of preemption is widening. See Riegel v.

Medtronic, Inc., ___ U.S. ___, 128 S.Ct. 999, 1011, 169 L.Ed.2d 892, 906-907, 2008 U.S.

LEXIS 2013, *29-30 (2008) (tort claims challenging safety & effectiveness of catheter);

Carden v. General Motors Corp., 509 F.3d 227, 230-232 (5th Cir. 2007) (tort claims

challenging design of seat belts); Bic Pen Corp. v. Carter, 251 S.W.3d 500, 504-509 (Tex.

2008) (common law challenge of design defect of BIC lighter). See also Delta Air Lines,

Inc. v. Black 116 S.W.3d 745 (Tex. 2003) (challenge of airline passenger boarding

procedures). The judgment of the trial court should be reversed and rendered.

I respectfully dissent.

TOM GRAY Chief Justice

Dissenting opinion delivered and filed September 10, 2008

MCI Sales and Service, Inc. v. Hinton Page 2