Verdict for the Defense in Vehicle Manufacturer Case

A defense verdict obtained by Molly Glover and Steven Synder following a three week jury trial on behalf of vehicle manufacturer, Metrotrans Corporation, has been reviewed by the Tennessee Court of Appeals.  On March 15, 2010, the intermediate appellate court found that Plaintiffs Clifton and Charleen Lake’s negligence and products liability claims, premised upon the alleged defective design of an airport shuttle bus were federally preempted by Federal Motor Vehicle Safety Standards . The case was originally tried in Memphis, Tennessee in the summer of 2008, with Ms. Glover and Mr. Snyder of Leitner, Williams, Dooley & Napolitan, PLLC obtaining a complete defense verdict for Metrotrans.   Damages in the amount of $8.6M were assessed against a non-party.  Prior to trial Metrotrans moved for dismissal of the action based on grounds of federal preemption because the vehicle complied with all relevant mandatory federal regulations regarding the construction and design of a bus.  Though the trial court found that the claims were not preempted, the Court of Appeals agreed with Metrotrans, finding that claims of no seatbelts and use of tempered glass in side windows were preempted by applicable federal safety standards. Ms. Glover along with Mr. Snyder and Eric Lewellyn briefed the issues for the Court of Appeals, with Ms. Glover advancing the oral argument. Plaintiffs have applied for permission to appeal to the Tennessee Supreme Court.