Her family then sued Mazda Motor Corp. for the lack of proper seat belts in passenger aisle seats, stating that the automaker "should be held responsible for the choices they make."
Mazda claims they followed NHTSA guidelines at the time vehicle was built, which gave manufacturers the option of installing one type of seat belt or other. After a California appeals court barred the suit from going forward, Elana Kagan, the US solicitor General at the time and now a US supreme court justice, urged the Supreme Court to hear the case. As such, she has now disqualified herself due to her earlier involvement. Now it appears the Supreme Court might be deadlocked at a 4-4 vote, in effect leaving intact a lower court victory for automakers, This would also fail to set a national precedent.
It is a sad story but the bottom line is that Mazda did not violate NHTSA regulations at the time of the minivan's production.
While it is responsible for the victim's family to seek liability, they should have considered placing that liability with the NHTSA and not Mazda.
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