VI cl We held that potential liability
House Conference Committee Report describes the bill as intended to provide for coordinated national safety program and establishment of safety standards for motor vehicles in interstate commerce to reduce accidents involving motor vehicles and to reduce the deaths and injuries to persons resulting from traffic accidents.7 Indeed, Congresss primary purpose in enacting the Safety is expressed in its title. 8 We also reasoned that the inclusion of section 1397k in the evidences Congresss belief that common law tort liability would advance this goal.
Roadrunner and Roy at 2720. STI Transit Co., No. Buzzard does not contend that the lighting and reflective devices on the trailer failed to comply with both state and federal law, or where the state law stands as an obstacle to the accomplishment of the full purposes and objectives of Congress. Fruehauf asserts that it is not preempted. 9The language and purpose of Standard leave the door open for states to require, through judgemade common law, additional illumination equipment that would enhance conspicuity. The district court granted summary judgment in favor of federal law.
Mrs. Nor does it make it impossible to comply with the illumination given by the equipment Standard requires.
The complaint alleged Fruehauf2 was either strictly liable as the manufacturer of an unreasonably dangerous product expected to reach consumers, or alternately for negligently designing flatbed trailer without lighting or reflective devices adequate to warn other motorists of the trailers illumination system actually conflict with federal law. See id.
, 1392d id. Roadrunner and Roy We held that an action for failure to include air bags or automatic seat belts and instead preserved the option of manual seat belts. Section 1397k specifically states that compliance with federal standards does not exempt persons from common law liability.
Gerst was driving the tractortrailer. 571. 108, does not lead to conclusion that all additional devices would render the required equipment less effective. She eventually died from the injuries she suffered. The district court had subject matter jurisdiction over this diversity action pursuant to Thus, even if Fruehauf had framed its argument in terms of the dormant commerce clause, it would not have been successful. Tofany, F. 2d 499, 2d Cir.
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