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Osman v. Ford Motor Co.8/2/2005
Plaintiff, Nancy Osman, independent administratrix of the estate of Shannon A. Laughlin, deceased, appeals from the June 15, 2004, order of the circuit court of Livingston County granting summary judgment to defendant, Ford Motor Company (Ford), on plaintiff's fourth-amended complaint on the grounds the claims set forth in the complaint are preempted by federal law. We affirm.
I. BACKGROUND
On September 9, 1995, Shannon and her mother, plaintiff, purchased a 1988 Ford Escort (Escort) that was manufactured in August 1987. On April 6, 1996, Shannon was killed in a one-vehicle accident when the Escort left the highway and rolled over. Shannon was not wearing the manual lap belt and was ejected from the driver's seat. She was decapitated, and her right arm was severed.
Congress enacted the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act) in response to increasing numbers of deaths and injuries from unsafely designed vehicles. 15 U.S.C. 1 through 1431 (1988) (recodified as 49 U.S.C. 01 through 30169 (1994)). The Safety Act gave the Department of Transportation (DOT) the power to enact safety standards regulating many facets of automotive design.
Federal Motor Vehicle Safety Standard (FMVSS) 208 is promulgated under the Safety Act. FMVSS 208 (49 C.F.R. *571.208 (1987)) gives car manufacturers options on what kinds of restraint systems they can use, and the version of FMVSS 208 in effect in August 1987 (when the Escort was manufactured) set forth the following options. Option One is a frontal/angular automatic protection system, i.e., automatic seat belts with or without air bags. 49 C.F.R. *571.208, S4.1.2.1 (1987); see also Kitts v. General Motors Corp., 875 F.2d 787, 788 n.2 (10th Cir. 1989). Option Two is a head-on automatic protection system, i.e., automatic shoulder belts or air bags, plus manual lap belts for lateral crashes and rollovers, with a seat-belt warning system. 49 C.F.R. *571.208, S4.1.2.2 (1987); Kitts, 875 F.2d at 788 n.2. Option Three is a lap and shoulder-belt protection system with a seat-belt warning system. 49 C.F.R. *571.208, S4.1.2.3 (1987); Kitts, 875 F.2d at 788 n.2.
Howard Slater, a design-analysis engineer for Ford, submitted an affidavit in which he stated Ford certified the Escort involved in this case under Option One of FMVSS 208. Slater stated the restraint system employed by Ford in this Escort was equipped with a passive two-point shoulder-belt assembly, a knee bolster, and modified seat design, with a manual lap belt. The manual lap belt, discussed in more detail below, was voluntarily provided.
Ford voluntarily placed a warning on the Escort's visor, which stated the following:
"IMPORTANT FOR YOUR SAFETY:
Following these instructions will greatly improve your chances of avoiding severe injury in case of an accident:
* Always wear your lap belt when the car is moving.
* Be sure the shoulder belt release lever is down.
* If the symbol ( ) stays lit for more than [eight] seconds, consult your Owner's Guide before driving the vehicle." The owner's guide provides:
"The Passive[-]Restraint System operates electrically. The system restrains a driver and the front[-]seat passenger in the vehicle through the use of an automatic shoulder belt, the manual belt[,] and knee bolsters. THE SAFETY LAP BELT IS TO BE MANUALLY CONNECTED BY THE DRIVER/PASSENGER AND SHOULD ALWAYS BE WORN WITH THE SHOULDER BELT. BE SURE THE LAP BELT IS ON YOUR HIPS AS LOW AS POSSIBLE." As stated above, Shannon was not using the lap belt at the time of the accident.
On April 2, 1998, plaintiff filed suit against
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