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Hilst v. General Motors Corp.
State: Illinois
Court: 3rd District Appellate
Docket No: 3-98-0087
Case Date: 05/26/1999

Hilst v. General Motors Corp., No. 3-98-0087

3rd District, May 26, 1999



DARREL W. HILST and JUDITH A. HILST,

Plaintiffs-Appellants,

v.

GENERAL MOTORS CORPORATION and PHILIP M. BRADFORD,

Defendants-Appellees.

Appeal from the Circuit Court for the Judicial Circuit Peoria County, Illinois

No. 94--L--643

Honorable John A. Barra, Judge Presiding

JUSTICE KOEHLER delivered the opinion of the court:

In this appeal, we are principally called upon to decide whether the Tazewell County circuit court erred when it concluded that the plaintiffs' "no airbag" claim was preempted by federal law. Additionally, we are called upon to review several rulings made by the circuit court during the course of and after trial. Because we conclude that the circuit court did not err, we affirm.

I. FACTS

Plaintiffs Darrel and Judith Hilst were involved in an automobile collision with defendant Philip Bradford on February 28, 1994, when Bradford's vehicle crossed the road's center line and hit the plaintiffs' Pontiac Grand Am. At the time of the accident, all three persons were wearing their seatbelts. Darrel Hilst, the only person seriously injured, suffered a torn mesenteric artery that resulted in the removal of a large section of his colon. The plaintiffs' 1989 Grand Am was equipped with a passive restraint system that was designed to automatically operate.

Darrel Hilst filed suit against defendants Bradford and General Motors Corporation (GM) for his injuries alleging that Bradford negligently caused the collision and that GM manufactured a defective Grand Am that enhanced Darrel's injuries. Judith Hilst filed suit against Bradford for her injuries and against Bradford and GM for loss of consortium. Prior to trial, Judith Hilst settled her claim against Bradford. The plaintiffs alleged that GM: (1) failed to equip the Grand Am with a driver's side airbag; (2) equipped the Grand Am with a restraint system that did not properly operate to restrain Darrel Hilst; and (3) failed to equip the Grand Am with a steering wheel that adequately absorbed energy when struck by a driver during a frontal collision.

Federal Motor Vehicle Safety Standard 208 (Standard 208) is promulgated under the National Traffic and Motor Vehicle Safety Act (Safety Act) (15 U.S.C.

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