Wilson v. Pleasant

660 N.E.2d 327, 1995 WL 761659
CourtIndiana Supreme Court
DecidedJanuary 11, 1996
Docket64S03-9506-CV-693
StatusPublished
Cited by34 cases

This text of 660 N.E.2d 327 (Wilson v. Pleasant) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Pleasant, 660 N.E.2d 327, 1995 WL 761659 (Ind. 1996).

Opinions

ON PETITION TO TRANSFER

SULLIVAN, Justice.

We hold that the Federal National Traffic and Motor Vehicle Safety Act of 1966 ("Safety Act"),1 and certain safety regulations promulgated under it, do not pre-empt a state common law tort claim of negligence based on failure to install an airbag.

[329]*329Facts

On November 10, 1988, James Wilson was driving a 1986 Chevrolet automobile manufactured by General Motors ("GM") when he was hit head on by an automobile driven by William Pleasant. Wilson, who was not wearing his seat belt at the time of the accident, died at the seene.

Wilson's estate (and various others, collectively known as "Wilson") brought suit against Pleasant and GM. Wilson alleged that GM was negligent in designing, manufacturing, and selling a vehicle that was not crashworthy because the vehicle did not contain an airbag passive restraint system.

In response, GM filed a motion for summary judgment, claiming that the Safety Act and certain safety regulations promulgated under it pre-empted Wilson's common law claims.

The trial court granted GM's motion for summary judgment. The Court of Appeals affirmed the trial court's decision and found that although the Safety Act did not expressly pre-empt a common law claim such as the one asserted in this case, it impliedly did so. Wilson v. Pleasant (1994), Ind.App., 645 N.E.2d 638.

I

Congress passed the Safety Act in 1966 to "reduce traffic accidents and death and injuries to persons resulting from traffic accidents." 15 U.S.C. § 1381 (1988). Two provisions of the Safety Act are relevant to this case. First, the Safety Act contains a preemption clause in section 1392(d). The preemption clause states:

Whenever a Federal motor vehicle safety standard established under this subchapter is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.

15 U.S.C. § 1892(d). In addition to the preemption clause, the Safety Act contains a state common law savings clause: "Compliance with any Federal motor vehicle safety standard issued under this subchapter does not exempt any person from liability under common law." 15 U.S.C. § 1897(k).

Pursuant to the authority granted in the Safety Act, the U.S. Secretary of Transportation promulgated Federal Motor Vehicle Safety Standard 208 ("Rule 208")2 49 C.E.R. § 571.208 $4.1.21-84.12%8 (1994). Rule 208 gave the manufacturer of Wilson's 1986 automobile three possible choices for providing passenger crash protection. The choices were: "First option-frontal/angular automatic protection system.... Second option-head-on automatic protection system.... Third option-lap and shoulder belt protection system with belt warning." Id. An airbag system would have complied with the first or second option. The automobile Wilson was driving at the time of the accident was equipped with a manual seat belt system that fully complied with the third option.

II

Under the Supremacy Clause of the United States Constitution, federal law is the supreme law of the land. U.S. Const. art. VI, cl. 2. While "the historic police powers of the States [are] not to be superseded by ... Federal Act unless that [is] the clear and manifest intent of Congress," Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230, 67 S.Ct. 1146, 1152, 91 L.Ed. 1447 (1947), rev'd on other grounds 331 U.S. 247, 67 S.Ct. 1160, 91 L.Ed. 1468 (1947), it has been settled since M'Culloch v. Maryland, 17 U.S. (4 Wheat.) 316, 427, 4 L.Ed. 579 (1819), that state law that conflicts with federal law is "without effect." Maryland v. Louisiana, 451 U.S. 725, 746, 101 S.Ct. 2114, 2129, 68 L.Ed.2d 576 (1981). Congress's intent to pre-empt state law may be express, 1.¢., "explicitly stated in the statute's language," or "implied," i.e., "implicitly contained in [the statute's] structure and purpose." Jones v. [330]*330Rath Packing Co., 430 U.S. 519, 525, 97 S.Ct. 1305, 1309, 51 L.Ed.2d 604 (1977). In the absence of an express congressional command, state law is pre-empted if that law actually conflicts with federal law, see Pacific Gas & Electric Co. v. Energy Resources Conservation and Dev. Comm'n, 461 U.S. 190, 204, 103 S.Ct. 1713, 1722, 75 L.Ed.2d 752 (1983)3

TII

We agree with the Court of Appeals that the Safety Act does not expressly preempt a state common law claim in this case. Wilson, 645 N.E.2d at 641. The pre-emption clause found in the Safety Act explicitly refers, with respect to "any motor vehicle or item of motor vehicle equipment," only to state "safety standard[s] applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the federal standard." 15 U.S.C. § 1892(d). In addition, the presence of the savings clause negates any notion of express preemption of state common law claims. Therefore, we find that the Safety Act does not expressly pre-empt a state common law claim in this case. Accord, Pokorny v. Ford Motor Co., 902 F.2d 1116, 1121 (3d Cir.1990), cert. denied, 498 U.S. 853, 111 S.Ct. 147, 112 L.Ed.2d 113 (1990); Taylor v. General Motors Corp., 875 F.2d 816, 825 (11th Cir.1989), cert. denied 494 U.S. 1065, 110 S.Ct. 1781, 108 L.Ed.2d 783 (1990); Wood v. General Motors Corp., 865 F.2d 395, 402 (1st Cir. 1988), cert. denied 494 U.S. 1065, 110 S.Ct. 1781, 108 L.Ed.2d 782 (1990). See also Heath v. General Motors Corp., 756 F.Supp. 1144, 1146-47 (S.D.Ind.1991) (finding no express preemption; collecting cases).

IV

General Motors argues that even if, and the Court of Appeals held that even though, the Safety Act does not expressly pre-empt the common law claim at issue, it impliedly does so in that the common law claim actually conflicts with the federal regulation. Wilson, 645 N.E.2d at 641. The clear weight of authority prior to 1992 supported General Motors's view that the Safety Act impliedly pre-empts state common law claims like the one asserted by Wilson. See, e.g., Pokorny, 902 F.2d 1116; Kitts v. General Motors Corp., 875 F.2d 787 (10th Cir.1989), cert. denied 494 U.S. 1065, 110 S.Ct. 1781, 108 LEd.2d 783 (1990); Taylor, 875 F.2d 816; and Wood, 865 F.2d 395.4

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660 N.E.2d 327, 1995 WL 761659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-pleasant-ind-1996.