Clifton A. Lake v. The Memphis Landsmen, LLC
2013 Tenn. LEXIS 434
| Tenn. | 2013Background
- Motor-vehicle crash: March 18, 1998, a 60,000-lb concrete truck struck a shuttle bus; Lake severely brain injured.
- Shuttle bus owned by Landsmen, operated for Budget Rent A Car; manufactured by Metrotrans; windows by Hehr.
- Plaintiffs assert negligence and products liability against Metrotrans, Landsmen, Budget, Hehr; Landsmen allegedly agent of Budget.
- Plaintiffs claimed design defects: lack of passenger seatbelts, tempered glass windows, and perimeter seating.
- Federal preemption arguments centered on FMVSS 208 (seatbelts) and FMVSS 205 (glazing); trial court granted partial LMJ; jury found Landsmen 100% at fault due to Horn Lake settlement.
- Court of Appeals initially held FMVSS 205 and 208 preempted, and perimeter-seat claim insufficient for causation; remanded after Williamson v. Mazda.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FMVSS 208 preempts seatbelts claim. | Lake; seatbelts not mandated for large buses. | FMVSS 208 preempts due to regulatory objective. | FMVSS 208 does not preempt seatbelt claim. |
| Whether FMVSS 205 preempts tempered-glass claim. | Tempered glass usable; no valid preemption. | FMVSS 205 preemption applies due to glazing choices. | FMVSS 205 does not preempt tempered-glass claim. |
| Whether perimeter seating causation supports liability. | Seat configuration caused ejection and injuries. | Evidence insufficient to show causation; forward seating would have prevented injury. | Evidence supports causation; directed-verdict error reversed. |
Key Cases Cited
- Geier v. American Honda Motor Co., 529 U.S. 861 (U.S. 2000) (implied preemption where federal regulation preserves manufacturer choice)
- Sprietsma v. Mercury Marine, 537 U.S. 51 (U.S. 2002) (preemption not implied when agency regulation absence indicates no policy against tort rule)
- Williamson v. Mazda Motor of America, Inc., 131 S. Ct. 1131 (U.S. 2011) (limits Geier-style preemption; agency history matters for purposes/objectives)
- Priester v. Cromer, 736 S.E.2d 249 (S.C. 2012) (FMVSS 205 tempered glass preemption debate; laminated-glass regulation matter)
- Morgan v. Ford Motor Co., 680 S.E.2d 77 (W. Va. 2009) (FMVSS 205 not preemptive in some contexts; glass/material decisions weighed)