# Mejia v. White GMC Trucks, Inc.

> Appellate Court of Illinois · December 31, 2002 · 336 Ill. App. 3d 702

URL: https://www.frixlaw.com/law-library/cases/9745730

## Case

- **Full name:** CLAUDIA MEJIA, Independent Adm’r of the Estate of Luis G. Mejia, Deceased, Plaintiff-Appellant, v. WHITE GMC TRUCKS, INC., Formerly Known as White Trucks of Chicago, Inc., Defendant (Volvo GM Heavy Truck Corporation, Defendant-Appellee)
- **Court:** Appellate Court of Illinois
- **Decided:** December 31, 2002
- **Citations:** 336 Ill. App. 3d 702; 271 Ill. Dec. 127; 784 N.E.2d 345; 2002 Ill. App. LEXIS 1267
- **Precedential status:** Published
- **Opinion:** Dissent by Wolfson
- **Judges:** Hall, Wolfson
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9745730

## Opinion text

JUSTICE WOLFSON, dissenting:
I do not see the conflict. The majority accurately observes that the truck involved in this case did not have to conform to FMVSS 206, since its folding doors are not designed or intended to prevent its occupants from being ejected. I think that is a federal walkoff that leaves the field to state common law actions such as this one.
I do not read the federal regulations as saying “do not enter.” Instead, I read them as a declination of regulation, not a preemption that would bar common law claims. Geier v. American Honda Motor Co., 529 U.S. 861 , 146 L. Ed. 2d 914 , 120 S. Ct. 1913 (2000).
I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9745730. Public record. Not legal advice.