# Opposition Brief — DaimlerChrysler Chrysler Corp. v. Flax (No. 08-1010) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386017_0156%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Opposition Brief - **Published:** January 1, 2009 ## Text / 54.2. General performance requirements. When tested in accordance with S5., each oc- cupant seat, other than a side-facing seat or a passenger seat on a bus, shall withstand the following forces, in Newtons. S4.2. General performance requirements. When tested in accordance with S5, each oc- cupant seat shall withstand the following forces, in newtons, except for: a side-facing seat; a passenger seat on a bus other than a school bus; a passenger seat on a school bus with a GVWR greater than 4,536 kilograms (10,000 pounds); and, a passenger seat on a school bus with a GVWR less than or equal to 4,536 kg manufactured before October 21, 2011. (a) In any position to which it can be adjusted — 20 times the mass of the seat in kilograms multiplied by 9.8 applied in a forward longitudinal direction; (b) In any position to which it can be adjusted 20 times the mass of the seat in kilograms multiphed by 9.8 applied in a rearward longitudinal direction; Aa (c) For a seat belt assembly attached to the seat — the force specified in para- graph (a), if it is a forward facing seat, or paragraph (b), if it is a rearward facing seat, in each case applied simultaneous- ly with the forces imposed on the seat by the seat belt assembly when it is loaded in accordance with S4.2 of § 571.210; and (d) In its rearmost position — a force that produces a 373 newton meters mo- ment about the seating reference point for each designated seating position that the seat provides, applied to the upper cross-member of the seat back or the up- per seat back, in a rearward longitudinal direction for forward-facing seats and in a forward longitudinal direction for rearward-facing seats. 54.2.1. Seat adjustment. Except for ver- tical movement of nonlocking suspension iype occupant seats in trucks or buses, each seat shall remain in its adjusted position when tested in accordance with the test procedures specified in S5. $4.3. Restraining device for hinged or folding seats or seat backs. Except for a passenger seat in a bus or a seat having a back that is adjustable only for the comfort of its occu- pants, a hinged or folding occupant seat or eccupant seat back shall — 5a (a) Be equipped with a self-locking de- vice for restraining the hinged or folding seat or seat back, and (b) If there are any designated seating positions or auxiliary seating accommo- dations behind the seat, either imme- diately to the rear or to the sides, be equipped with a control for releasing that restraining device. S4.3.1. Accessibility of release control. If there is a designated seating position immediately behind a seat equipped with a restraining device, the control for releasing the device shail be readily ac- cessible to the occupant of the seat equipped with the device and, if access to the control is required in order to exit from the vehicle. to the occupant of the designated seating position immediately behind the seat. S$4.3.2. Performance of restraining de- vice. $4.3.2.1 Static force. (a) Once engaged, the restraining device for a forward-facing seat shall not release or fail when a for- ward longitudinal force, in newtons, equal to 20 times the mass of the hinged or folding portion of the seat in kilograms multiplied by 9.8 is ap- plied through the center of gravity of that portion of the seat. fal va (b) Once engaged, the restraining device for a rearward-facing seat shall not release or fail when a rearward longitudinal force, in new- tons, equal to 8 times the mass of the hinged or folding portion of the seat in kilograms multiplied by 9.8 is applied through the center of gravity of that portion of the seat. $4.3.2.2. Acceleration. Once engaged, the restraining device shall not release or fail when the device is subjected to an acceleration of 20 g., in the longitudinai direction opposite to that in which the seat folds. S4.4. Labeling. Seats not designated for oc- cupancy while the vehicle is in motion shall be conspicuously labeled to that effect. S5. Test procedures. S5.1. Apply the forces specified in S4.2(a) and $4.2(b) as follows: S5.1.1. For a seat whose seat back and seat bench are attached to the vehicle by the same attachments. (a) For a seat whose seat back and seat bench are attached to the ve- hicle by the same attachments and whose height ts adjustable, the loads are applied when the seat is in its highest adjustment position in ac- cordance with the procedure or pro- cedures specified in S5.1.1(a\1), 7a 55.1.1(a)(2), or $5.1.1(a)(3), as ap- propriate. (b) (1) For a seat whose center of gravity is in a horizontal plane that is above the seat adjuster or that passes through any part of the adjuster, use, at the manufacturer’s option, either $5.1.1(b) or, if physically possi- ble, S5.1.1(c). (2) For a seat specified in $5.1.1(a)(1) for which it is not physically possible to follow the procedure in S§5.1.l(c), use $5.1.1(b). (3) For a seat whose center of gravity is in a horizontal plane that is below the seat adjuster, use $5.1.1(c). (4) For all other seats whose seat back and seat bench are at- tached to the vehicle by the same attachments, use $5.1.1(b). Secure a strut on each side of the seat from a point on the outside of the seat frame in the horizontal plane of the seat’s center of gravity to a point on the frame as far for- ward as possible of the seat ancho- rages. Between the upper ends of the struts attach a nmigid cross- member, in front of the seat back 8a frame for rearward loading and be- hind the seat back frame for forward loading. Apply the force specified by S4.2(a) or S4.2(b) horizontally through the rigid cross-member as shown in Figure 1. (c) Find “cg,,” the center of gravity of the portion of the seat that is above the lowest surface of the seat adjuster. On each side of the seat, secure a strut from a point on the outside of the seat frame in the ho- rizontal plane of cg, to a point on the frame as far forward as possible of the seat adjusted position. Between the upper ends of the struts attach a rigid cross-member, in front of the seat back frame for rearward load- ing and behind the seat back frame for forward loading. Find “cg,,” the center of gravity of the portion of the seat that is below the seat adjuster. Apply a force horizontally through eg, equal to 20 times the weight of the portion of the seat represented by cg,, and simultaneously apply a force horizontally through cg, equal to 20 times the weight of the portion of the seat represented by cg.,,. S$5.1.2 If the seat back and the seat bench are attached to the vehicle by dif- ferent attachments, attach to each com- ponent a fixture capable of transmitting a force to that component. Apply forces, 9a in newtons, equal to 20 times the mass of the seat back in kilograms multiplied by 9.8 m/s’ horizontally through the cen- ter of gravity of the seat back, as shown in Figure 2 and apply forces, in newtons, equal to 20 times the mass of the seat bench in kilograms multiplied by 9.8 m/s’ horizontally through the center of gravity of the seat bench, as shown in Figure 3. $5.2 Develop the moment specified in S4.2(d) as shown in Figure 4. S5.3 Apply the forces specified in $4.3.2.1(a) and (b) to a hinged or folding seat as shown in Figure 1 and to a hinged or folding seat back as shown in Figure 5. S5.4. Determine the center of gravity of a seat or seat component with all cushions and upholstery in place and with the head re- straint in its fully extended design position. BEST AVAILABLE COPY lla MORIZONTAL FORCE (PF) TO SEAT GACK AT UPPER —. ===> CROSSMEMBER t he / SEATING REFLAEACE POINT | NS \ ~~ =~ ~s \ \ \ MOMENT (? 2 DI COMPUTED ABOUT THE SEATING REFERENCE POINT FIGURE 4 MORLIONTAL FORCE THROUGH Tee COMTER OF Gravity \ t1G1D surroet MAT IN LATOWED POSITION FIGURE 5 [52 FR 7868, March 13, 1987; 53 FR 30434, Aug. 12, 1988; 59 FR 37167, July 21, 1994; 60 FR 13647, March 14, 1995; 63 FR 28935, May 27, 1998; 73 FR 62779, Oct. 21, 2008} 12a SOURCE: 36 FR 22902, Dec. 2, 1971; 50 FR 21056, June 6, 1985; 51 FR 9456, March 19, 1986; 59 FR 37175, July 21, 1994; 59 FR 38940, Aug. 1, 1994; 60 FR 58524, Nov. 28, 1995; 64 FR 10815, March 5, 1999; 64 FR 47582, Aug. 31, 1999, unless otherwise noted. AUTHORITY: 49 U.S.C. 322, 30111, 30115, 30166 and 30177; delegation of authority at 49 CFR 1.50. 13a APPENDIX C 49 U.S.C. § 30102 Title 49: Transportation CHAPTER 301 - MOTOR VEHICLE SAFETY Subchapter I - General § 30102 - Definitions (a) General definitions. ~- In this chapter — + * » (9) “motor vehicle safety standard” means a minimum standard for motor vehicle or mo tor vehicle equipment performance. APPENDIX D Tenn. Code Ann. § 29-28-1064 Title 49: Remedies and Special Proceedings CHAPTER 28 - PRODUCT LIABILITY ACTIONS § 29-28-104 - Government standard; compliance; presumptions Compliance by a manufacturer or seller with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards for design, inspection, testing, manufacture, labeling, warning or instructions for use of a product, shall raise a rebuttable presumption that the product is not in an unreasonably dangerous condition in regard to matters covered by these standards. APPENDIX E Tenn. Code Ann. § 39-13-215 Title 39: Criminal Offenses CHAPTER 13 - OFFENSES AGAINST PERSON Part 2 - Criminal Homicide § 39-13-215 - Reckless homicide (a) Reckless homicide is a reckless killing of another. (b) Reckless homicide is a Class D felony. 16a APPENDIX F IN THE CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE JEREMY FLAX and RACHEL SPARKMAN, as the Natural Parents of Joshua Flax, deceased; RACHEL SPARKMAN, individually, Plaintiffs . DAIMLERCHRYSLER CORPORATION, and LOUIS A. STOCKELL, JR., Defendants NO. 02C-1288 DEFENDANT DAMLERCHRYSLER CORPORATION’S PROPOSED JURY INSTRUCTIONS ON PUNITIVE DAMAGES Joy Burns # 019180 Lawrence A. Sutter #021353 Sutter O’Connell Mannion & Farchione 217 Second Avenue South Franklin, TN 37064 (615) 791-1031 In determining the appropriate amount of puni- tive damages, if any, in this case, you may consider only the harm to the plaintiff in this case. Any indi- viduals other than the plaintiff who might claim to have been harmed by DaimlerChrysler have the right to bring their own lawsuit seeking damages for any alleged injuries they may have incurred. Therefore, if you decide to award any punitive damages, your award must be limited to redressing the injuries incurred only by the plaintiff in this lawsuit.* * * * See State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 423 (2003) (“Due process does not permit courts, in the calculation of punitive damages, to adjudicate the merits of other parties’ hypothetical claims against a defendant.... Punishment on these bases creates the possibility of multiple punitive damage awards for the same conduct; for in the usual case nonparties are not bound by the judgment some other plaintiff obtains.”); Neal v. Carey Canadian Mines, Ltd., 548 F. Supp. 257, 376-77 (ED. Pa. 1982) (“Each tort committed by the defendant is individual and peculiar to that particular plaintiff who has brought suit. Punitive damages are a recover able item of relief so long as the conduct exhibited by the defendant with respect to that individual plaintiff can be termed as ‘outrageous’ and a reckless indifference to the rights of that plaintiff.”) See also BMW if N. Am.. Inc. v. Gore, 517 U.S. 559, 980 (1996); Continental Trend Resources, Inc. v. OXY USA, Inc., 101 F.3d 634, 639-40 (10th Cir. 1996) (“In figuring harm both actual aad potential harm may be considered. But it must be harm to these plaintiffs, not to others.”); Rogins®y v. Richard son-Merrell, Inc., 378 F.2d 832, 839 (2d Cir. 196°) (Fnendly, J “The legal difficulties engendered by claims for punitive ‘Continued on following page) damages on the part of hundreds of plaintiffs are staggering. If all recovered punitive damages in the amount here awardec these would run into tens of milhons, as contrasted with the maximum criminal penalty of ‘imprisonment for not more than three years, or a fine of not more than $10,000, or both such imprisonment and fine.’ We have the gravest difficulty in perceiving how claims for punitive damages in such a multiplict- ty of actions throughout the nation can be so administered as to avoid overkill r --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386017_0156%3A2. Public record. Not legal advice.