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Texas Justices disagree with W.Va. colleagues

By Steve Korris | Dec 29, 2010

Johnson

AUSTIN, Texas (Legal Newsline) - West Virginia's Supreme Court of Appeals erred in a decision on auto safety last year, according to the Supreme Court of Texas.

Justices in Austin on Dec. 17 agreed that Justices in Charleston improperly dismissed an accident victim's suit against Ford Motor Company in Kanawha County.

The West Virginia court found that federal regulations allowing tempered glass windows preempted a claim that Ford should have provided laminated glass.

The Texas court, on the other hand, affirmed jurors who found a bus manufacturer should have installed laminated windows.

The Texans found no evidence that federal regulators intended to disallow states from requiring advanced glazing materials in side windows.

They found the West Virginia court erred by concluding that merely because regulators chose not to require something for policy reasons, states may not do so.

To read the entire article, visit the West Virginia Record.

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