Law

Law v. General Motors Corp.

Good Law
114 F.3d 908·97 Daily Journal DAR 7115·1997 WL 297728·1997 U.S. App. LEXIS 13131·97 Cal. Daily Op. Serv. 4239
United States Court of Appeals for the Ninth CircuitJune 5, 1997No. 95-16391California2,388 words

Opinion

Lead Opinion

Kozinski, J.

We decide whether the Boiler Inspection Act (BIA), 49 U.S.C. §§ 20701-20903 , preempts state common-law remedies against railroad manufacturers for injuries arising out of alleged design defects in their trains.

I

Appellants are eight railroad workers who claim that their hearing was severely damaged by excessive noise. In addition to the usual bells and whistles, appellants were exposed to bursts of sound, often exceeding 120 decibels, from locomotive brakes and engines. They claim that defendants — the industry leaders in locomotive manufacturing — defectively designed these components, failed to properly insulate their work-stations and failed to warn them of any risk to their hearing. Appellants make various state-law claims, including strict liability in tort, negligence, failure to warn, breach of implied warranty, and intentional and negligent infliction of emotional distress.

The district court granted defendants’ motion to dismiss, concluding that these claims were preempted by the BIA. Appellants contend the district court erred on two scores: first, that the BIA only preempts direct state regulation of railroad safety, not common-law tort liability; and…

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