Osman v. Ford Motor Co.

State: Illinois

Court: 4th District Appellate

Docket No: 4-04-0601 Rel

Case Date: 08/02/2005

NO. 4-04-0601

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

NANCY OSMAN, Independent Administratrix of the Estate of
SHANNON A. LAUGHLIN, Deceased,
                         Plaintiff-Appellant,
                         v.
FORD MOTOR COMPANY, a Delaware Corporation,
Registered to do Business in the State of Illinois,
                         Defendant-Appellee.

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Appeal from
Circuit Court of
Livingston County
No. 98L15

Honorable
Harold J. Frobish,
Judge Presiding.

JUSTICE TURNER delivered the opinion of the court:

Plaintiff, Nancy Osman, independent administratrix of the estate of Shannon A. Laughlin, deceased, appeals from the June 15, 2004, order of the circuit court of Livingston County granting summary judgment to defendant, Ford Motor Company (Ford), on plaintiff's fourth-amended complaint on the grounds the claims set forth in the complaint are preempted by federal law. We affirm.

I. BACKGROUND

On September 9, 1995, Shannon and her mother, plaintiff, purchased a 1988 Ford Escort (Escort) that was manufactured in August 1987. On April 6, 1996, Shannon was killed in a one-vehicle accident when the Escort left the highway and rolled over. Shannon was not wearing the manual lap belt and was ejected from the driver's seat. She was decapitated, and her right arm was severed.

Congress enacted the National Traffic and Motor Vehicle Safety Act of 1966 (Safety Act) in response to increasing numbers of deaths and injuries from unsafely designed vehicles. 15 U.S.C.