Frastaci

I. INTRODUCTION

In this appeal, the survivors of a railroad worker seek to overturn a judgment dismissing their state tort claims against locomotive manufacturer Vapor Corporation (Vapor) for asbestos-related injuries. The dismissal followed the trial court’s sustaining Vapor’s demurrer without leave to amend, on the grounds of federal preemption under the Locomotive Boiler Inspection Act ( 49 U.S.C. § 20701 et seq.; hereafter BIA), as discussed in Scheiding v. General Motors Corp. (2000) 22 Cal.4th 471 [ 93 Cal.Rptr.2d 342 , 993 P.2d 996 ], certiorori denied (2000) 531 U.S. 958 (Scheiding).

In Scheiding, supra, 22 Cal.4th at pages 473-474, 477, the California Supreme Court, relying on the seminal case of Napier v. Atlantic Coast Line (1926) 272 U.S. 605, 611 [ 71 L.Ed. 432 , 47 S.Ct. 207 ] (Napier), held the BIA preempts railroad employees’ state law actions against manufacturers of locomotives containing asbestos materials, because Congress intended the federal government to occupy the field of locomotive safety, including the “ ‘design, the construction, and the material of every part of the locomotive and tender and of all appurtenances.’ (Napier[, supra,] 272 U.S.…