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December 2007
Michael Bonasso and
Alonzo D. Washington successfully obtained summary judgment in a product liability lawsuit involving automotive glass/glazing claims.
The Circuit Court for Kanawha County issued an opinion and order
granting the automotive manufacturer's motion for summary judgment and
dismissing the plaintiff's claims of a glass defect because those claims
are preempted by federal law.
Plaintiff contended that the automotive manufacturer's choice of tempered side glass over laminated glass constituted a design defect. The court held that the automotive manufacturer's choice of tempered glass for the vehicle was permitted by Federal Motor Vehicle Safety Standards, which gives manufacturers several options to achieve compliance, including the use of tempered glass. Plaintiff's claim is preempted because it would conflict with Federal Motor Vehicle Safety Standards by denying the option to use tempered glass.
Contact:
Michael Bonasso
mbonasso@fsblaw.com
Alonzo Washington awashington@fsblaw.com
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