Forrester
Forrester v. American Dieselelectric, Inc.
Opinion
Lead Opinion
Schwarzer, J.
Plaintiff Christopher Forrester suffered severe injuries when an American Model 840DE locomotive crane operated by his employer, General Metals, dragged a large metal beam over his leg. We must decide whether the Locomotive Inspection Act (the Act), 49 U.S.C. §§ 20701-20703 (West 2000), preempts Forrester’s state law product liability claims against the locomotive crane’s manufacturer based on the absence of an automatic audible warning device.
FACTUAL AND PROCEDURAL BACKGROUND
On October 20, 1994, Forrester was badly injured in an industrial accident in General Metals’ Tacoma, Washington scrapyard. Forrester’s job as a “burner” required him to use a torch to cut large pieces of scrap metal into smaller pieces. On that day a locomotive crane, which traveled around the scrapyard on tracks, was moving metal beams into the “burn area” where Forrester was working. The locomotive crane, which was equipped with an air horn but not an “automatic bell and *1207 ringer” that would sound whenever the locomotive crane moved, reversed into Forrester’s immediate vicinity and dragged the metal beam with it. ' Forres-ter’s leg was crushed and ultimately had to be amputated. American Hoist &…