For Immediate Release: September 10, 1999
For More Information Contact: Theresa Henige, TLPJ, 202-797-8600
U.S.
Supreme Court brief
U.S.
Court of Appeals reply brief
U.S.
Court of Appeals opening brief
The U.S. Supreme Court granted TLPJ's petition for certiorari
in Geier v. American Honda Motor Company Inc. today to
decide whether auto manufacturers are immune from suit for failing
to install airbags in some cars. The U.S. Court of Appeals for
the D.C. Circuit held in the case that crash victims who are unnecessarily
injured because their cars lack airbags cannot sue the auto manufacturers.
The National Traffic and Motor Vehicle Safety Act of 1966, the
Court ruled, impliedly preempts their claims. TLPJ contends that
ruling was wrong.
"When Congress enacted the National Traffic and Motor Vehicle Safety Act of 1966, it plainly stated that compliance with federal standards would ‘not exempt any person from any liability under common law,'" said TLPJ Executive Director Arthur H. Bryant, who represents the plaintiffs before the Supreme Court. "The D.C. Circuit Court held precisely the opposite. The time has come for the Supreme Court to make clear that Congress' words mean what they say."
The case has been put on an expedited briefing schedule. Plaintiffs' opening brief is due on October 22. Oral argument is expected to be in December.
The case began in January 1992, after Alexis Geier was involved in an auto accident while driving her friend's Honda Accord. Ms.Geier sustained grievous head injuries, which she and her family contend would not have occurred if the car had contained a driver's-side airbag.
Co-counsel for the Geiers are Robert M.N. Palmer and William Petrus of the Law Offices of Robert M.N. Palmer in Springfield, Missouri, James W. Taglieri of Cadeau & Taglieri in Washington, D.C., and TLPJ's Leslie Brueckner.
