Opinion
Page 363e
168 Cal.App.4th 363e __ Cal.Rptr.3d__ DELBERT WILLIAMSON et al., Plaintiffs and Appellants, v. MAZDA MOTOR OF AMERICA, INC. et al., Defendants and Respondents. G038845 California Court of Appeal, Fourth District, Third Division November 18, 2008Super. Ct. No. 04CC06494
THE COURTIt is ordered that the opinion filed herein on October 22, 2008 be modified in the following particulars, and the petition for rehearing is DENIED:
1. On page 9, in the first full paragraph [167 Cal.App.4th 912, advance report, 3d par.], starting with "The question presented" delete the phrase "in the center middle row" appearing in the third line and replace it with "at a rear inboard" so that the sentence reads:
“The question presented here is whether FMVSS 208 preempts the present lawsuit because a common law action seeking to hold defendants liable for installing a lap-only seatbelt at a rear inboard passenger seat conflicts with the safety standard.”
2. On page 12, in the first full paragraph [167 Cal.App.4th 915, advance report, 1st par.], starting with "More apropos to this case" delete the phrase "in the center" appearing on the third line and replace it with "at the inboard" so that the sentence reads:
“More apropos to this case, three other appellate decisions have applied Geier’s approach to hold defective design lawsuits challenging an automobile manufacturer’s use of a lap-only seatbelt at the inboard position of a passenger vehicle’s rear seat were preempted by FMVSS 208.”
3. On page 17, in the second sentence of the first full paragraph [167 Cal.App.4th 918, advance report, 4th par.], starting with "Plaintiffs allege defendants defectively" delete the phrase "the middle center" and replace it with "a rear inboard" so that the sentence reads:
“In effect, they seek to hold defendants liable for choosing the lap-only seatbelt option for a rear inboard seat position.”
4. On page 18, in the last sentence of the top paragraph [167 Cal.App.4th 919, advance report, 1st full par.], starting with "federal courts . . ." delete the word "center" and replace it with "inboard" so that the sentence reads:
Page 363f
“Therefore, we conclude that to the extent plaintiffs contend defendants are liable for failing to install a lap/shoulder seatbelt in the minivan’s middle row inboard seat, their claim is barred by the version of FMVSS 208 in effect when defendants manufactured the minivan.”