Myrick v. Freuhauf Corp.

13 F.3d 1516, 1994 WL 20140
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 11, 1994
DocketNos. 92-8386, 92-8387 and 92-8536
StatusPublished
Cited by65 cases

This text of 13 F.3d 1516 (Myrick v. Freuhauf Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Myrick v. Freuhauf Corp., 13 F.3d 1516, 1994 WL 20140 (11th Cir. 1994).

Opinions

CARNES, Circuit Judge:

This consolidated appeal presents the question of whether a common law tort action for failure to install anti-lock brakes in a tractor-trailer truck is pre-empted by provisions of the National Traffic and Motor Vehicle Safety Act (“the Safety Act”), Pub.L. No. 89-563, 80 Stat. 718 (1966) (codified at 15 U.S.C. §§ 1381-1431). This Court answered a similar question arising under the same statute in Taylor v. General Motors Corp., 875 F.2d 816 (11th Cir.1989), cert. denied, 494 U.S. 1065, 110 S.Ct. 1781, 108 L.Ed.2d 783 (1990), which held that a common law tort action for failure to install air bags was pre-empted by the Safety Act. The Supreme Court’s exposition of pre-emption law in an intervening decision, Cipollone v. Liggett Group, Inc., — U.S. -, 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992), requires that we revisit our Taylor decision in order to determine how much of it survives Cipollone, and whether the surviving portion of Taylor controls these eases.

FACTS AND PROCEDURAL HISTORY

The complaint in the Myrick case alleges that an eighteen wheel tractor-trailer was proceeding south on a highway in Morgan County, Georgia. Because of slowing traffic ahead, the driver applied the brakes which caused the rear wheels to lock and the trailer to jackknife and swing across the center divider into the path of oncoming traffic. Plaintiff Ben Myrick had the misfortune to be in a northbound vehicle on the same highway at the critical time. The jackknifing trailer collided with his vehicle. As a result, Mr. Myrick suffered serious injury; he is permanently paraplegic and brain damaged. Neither the tractor nor the trailer that collided with Mr. Myrick’s vehicle had an anti-lock brake system.

Mr. Myrick filed a lawsuit in state court against the manufacturer of the tractor, the Freightliner Corporation, and the manufacturer of the trailer, the Freuhauf Corporation, alleging that the absence of anti-lock brakes was a negligent design and rendered the tractor defective.1 His wife, Emily Myr-ick, asserted a separate claim for loss of consortium. The defendants removed the case to federal court based on diversity of citizenship.

The facts alleged in the Lindsey case are similar. A tractor-trailer rig was proceeding south on a highway in Oconee County, Georgia, when the driver applied the brakes because an automobile stopped in front of it. The wheels locked, the trailer began to jackknife and slid across the center lane into the northbound lane of traffic. This time the victim was Grace Lindsey, whose automobile was proceeding north when it collided with the jackknifed trailer. Mrs. Lindsey was killed. Neither the tractor nor the trailer was equipped with an anti-lock brake system.

Mrs. Lindsey’s husband, Jack Lindsey, filed a lawsuit in state court against Navistar International Transportation Corporation, the manufacturer of the tractor.2 He alleged that Navistar’s failure to supply anti-lock brakes was a negligent design which rendered the tractor defective and unsafe. Nav-istar removed the case to federal court based on diversity of citizenship.

Both lawsuits were decided in the United States District Court for the Northern District of Georgia. In the Myrick ease, the district court granted summary judgment on behalf of the defendants on the grounds that the action was impliedly pre-empted by the [1519]*1519Safety Act and the regulatory standards adopted under it. The court found the matter to be controlled by this Court’s holding in Taylor v. General Motors Corp., 875 F.2d 816 (11th Cir.1989), cert. denied, 494 U.S. 1065, 110 S.Ct. 1781, 108 L.Ed.2d 783 (1990). Four days after the order in the nature of an opinion was entered in the Myrick case, a different judge of the same district court reached the same result in the Lindsey ease. In doing so, he adopted the reasoning of the order in the Myrick case and found the cause of action to be pre-empted by the federal act and regulatory standards.

This Court consolidated the two eases for purposes of appeal. Because the issues are identical and joint briefs have been filed on both sides, we will refer to the plaintiffs in the two cases collectively as '‘Plaintiffs,” and we will refer to the remaining defendants in both cases collectively as “Manufacturers.”3

ANALYSIS

I. PRE-CIPOLLONE PRE-EMPTION LAW

The laws of the United States are the supreme law of the land, any state constitution or law notwithstanding. U.S. Const. art. VI, cl. 2. Thus, state law may not override or interfere with federal laws. That is the core premise of pre-emption doctrine. On the other hand, “[i]n the interest of avoiding unintended encroachment on the authority of the States, ... a court interpreting a federal statute pertaining to a subject traditionally governed by state law will be reluctant to find pre-emption. Thus, pre-emption will not lie unless it is ‘the clear and manifest purpose of Congress.’ ” CSX Transp., Inc. v. Easterwood, — U.S. -, -, 113 S.Ct. 1732, 1737, 123 L.Ed.2d 387 (1993) (citation omitted); see also Jones v. Rath Packing Co., 430 U.S. 519, 525-26, 97 S.Ct. 1305, 1309-10, 51 L.Ed.2d 604 (1977); Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230, 67 S.Ct. 1146, 1152, 91 L.Ed. 1447 (1947). The Supreme Court has instructed us that state law is pre-empted by federal law in three circumstances:

First, Congress can define explicitly the extent to which its enactments pre-empt state law....
Second, in the absence of explicit statutory language, state law is pre-empted where it regulates conduct in a field that Congress intended the Federal Government to occupy exclusively. Such an intent may be inferred from a “scheme of federal regulation ... so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it”....
Finally, state law is pre-empted to the extent that it actually conflicts with federal law. Thus, the Court has found pre-emption where it is impossible for a private party to comply with both state and federal requirements....

English v. General Elec. Co., 496 U.S. 72, 78-79, 110 S.Ct. 2270, 2275, 110 L.Ed.2d 65 (1990); see also Michigan Conners and Freezers Assoc. v. Agricultural Mktg. and Bargaining Bd., 467 U.S. 461, 469, 104 S.Ct. 2518, 2523, 81 L.Ed.2d 399 (1984); Easterwood v. CSX Transp., Inc., 933 F.2d 1548, 1552 (11th Cir.1991), aff'd, — U.S. -, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miller v. Thurston County
W.D. Washington, 2024
Williams v. Fannie Mae
E.D. California, 2022
Novelaire Technologies, LLC v. Harrison
994 So. 2d 57 (Louisiana Court of Appeal, 2008)
United States v. Fleet
498 F.3d 1225 (Eleventh Circuit, 2007)
Leet v. Cellco Partnership
480 F. Supp. 2d 422 (D. Massachusetts, 2007)
James v. Mazda Motor Corporation
222 F.3d 1323 (Eleventh Circuit, 2000)
Choate v. Champion Home Builders Company
222 F.3d 788 (Tenth Circuit, 2000)
Choate v. Champion Home Builders Co.
222 F.3d 788 (Tenth Circuit, 2000)
Hyundai Motor Co. v. Alvarado
974 S.W.2d 1 (Texas Supreme Court, 1998)
Lindsey v. Navistar International Transportation Corp.
150 F.3d 1307 (Eleventh Circuit, 1998)
Lindsey v. Navistar International
Eleventh Circuit, 1998
Drattel v. Toyota Motor Corp.
699 N.E.2d 376 (New York Court of Appeals, 1998)
Irving v. Mazda Motor Corporation
136 F.3d 764 (Eleventh Circuit, 1998)
Cooper v. General Motors Corp.
702 So. 2d 428 (Mississippi Supreme Court, 1997)
Romah v. Hygienic Sanitation Co.
705 A.2d 841 (Superior Court of Pennsylvania, 1997)
Doyle v. Volkswagenwerk
Eleventh Circuit, 1997
Redwing Carriers, Inc. v. Saraland Apartments
94 F.3d 1489 (Eleventh Circuit, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
13 F.3d 1516, 1994 WL 20140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myrick-v-freuhauf-corp-ca11-1994.