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Supreme Court rejects federal preemption in boating case.

Publication: Trial
Publication Date: 01-FEB-03
Format: Online - approximately 663 words
Delivery: Immediate Online Access

Article Excerpt
In Sprietsma v. Mercury Marine, the U.S. Supreme Court recently held that a federal law requiring national safety standards for recreational boats does not preempt common law tort claims arising out of a manufacturer's failure to install propeller guards on a boat engine. (123 S. Ct. 518 (2002).)

Rex Sprietsma's wife, Jeanne, died after falling off a speedboat and becoming entangled in the motor's propeller. He sued motor manufacturer Mercury Marine for damages in Illinois state court, claiming the motor was unreasonably dangerous because it did not have a propeller guard.

There is no pertinent federal requirement; in...

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