Viad Corp. v. Superior Court of L.A. Cty.

Real parties Jake Allison and 109 other individuals (hereinafter referred to as real parties) filed a personal injury and wrongful death lawsuit against petitioner Viad Corp. (hereinafter referred to as petitioner) for damages resulting from their exposure to asbestos insulation contained on locomotives. Petitioner moved for summary judgment on the grounds, inter alia, that real parties’ state law tort claims were preempted by federal law, specifically the Locomotive Boiler Inspection Act (hereinafter referred to as the BIA, formerly 45 U.S.C. §§ 22-34 , now recodified in the Transportation Code, 49 U.S.C. § 20701 et seq.). The superior court denied the motion and petitioner filed its petition for writ of mandate in December 1996. We issued an order to show cause and a temporary stay order on February 6, 1997. After review of the petition and supporting papers, the return filed by real parties, and the reply memorandum of petitioner, we find the superior court’s denial of the motion to be proper and deny the petition.

Factual and Procedural Background

Petitioner, formerly known as the Dial Corporation, is the alleged successor in interest to a now defunct steam and…