PLAC files amicus brief addressing whether FMVSS 208 preempts state tort lawsuit claiming that bus should have had seat belts

Client(s) Product Liability Advisory Council

On behalf of the Product Liability Advisory Council (PLAC), Jones Day submitted an amicus brief to the New York Court of Appeals arguing that FMVSS 208 preempted a state common law claim alleging that a commercial motorcoach designed without passenger seat belts was defective. Because NHTSA had been silent on the safety benefits of not including passenger seat belts in commercial buses, the court found no federal preemption. But, the court reversed the jury verdict for plaintiff on other grounds.

Doomes v. Best Tr. Corp., New York Court of Appeals, 16893/94, 16954/96, 17408/94