629 N.Y.S.2d 359 | N.Y. App. Div. | 1995
Order unanimously affirmed without costs. Memorandum: In this action to recover for personal injuries sustained by plaintiff in a motor vehicle accident, plaintiff appeals from an order that granted the motion of defendants Romano Toyota Limited, Toyota Motor Sales, U.S.A., Inc., and Toyota Motor Corporation (Toyota defendants) for partial summary judgment. In granting the motion, the court dismissed the complaint insofar as it alleged causes of action based on Toyota’s failure to equip plaintiff’s car with an airbag. The court held that the "no airbag” claims are preempted by the National Traffic and Motor Vehicle Safety Act (15 USC § 1381 et seq.).
Similarly, plaintiff’s airbag claims are barred under the doctrine of implied preemption (see, Gills v Ford Motor Co., 829 F Supp 894; Wilson v Pleasant, 645 NE2d 638 [Ind App]; Boyle v Chrysler Corp., 177 Wis 2d, supra, at 219-220, 501 NW2d, supra, at 870-871; Marrs v Ford Motor Co., 852 SW2d 570 [Tex App]). The Federal regulatory scheme governing passenger restraints is "so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it” (Rice v Santa Fe El. Corp., 331 US 218, 230). Further, the matter is one in which the "federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject” (Rice v Santa Fe El. Corp., supra, at 230). Finally, we conclude that a State standard imposing liability upon a manufacturer for not installing airbags would conflict with and frustrate the Federal policy of allowing manufacturers leeway in the decision whether to install airbags (see, CSX Transp. v Easterwood, 507 US 658, 663-664; Pacific Gas & Elec. Co. v State Energy Resources Commn., 461 US 190, 204; see also, English v General Elec. Co., 496 US 72, 78-79).
We have considered plaintiff’s contentions concerning the effect of the Supreme Court’s decision in Cipollone v Liggett Group (505 US 504) and conclude that they are without merit