Lower Court Summary
This case is before us upon mandate from the Tennessee Supreme Court for reconsideration
of our previous opinion, Clifton Lake, et. al. v. Memphis Landsmen, L.L.C., et al., No.
W2009-00526-COA-R3-CV, 2010 WL 891867 (Tenn. Ct. App. March 15, 2010), in light of
the United States Supreme Court’s decision in Williamson v. Mazda Motor of America, Inc.,
et al., 131 S. Ct. 1131, 179 L. Ed.2d 75 (2011). Our conclusion, in Lake, that Appellants’
claims, based upon the type of glass and the lack of passenger seatbelts, are pre-empted is
not disturbed by the Williamson decision because the basis of our holding involved more
than preservation of the manufacturers’ ability to choose under the safety regulations. Under
the law of the case doctrine, and because further review would exceed the scope of the
Tennessee Supreme Court’s mandate, we decline to revisit our decision concerning the
perimeter seating issue. Reversed and Remanded.