Canty v. Ever-Last Supply Co.

JULIO M. FUENTES, J.S.C.

In August 1993, plaintiff Joseph Canty was killed and his son, Samuel, was severely injured when vapors from a lacquer floor sealant they had applied to a hardwood floor suddenly burst into flames. Plaintiffs commenced this wrongful death and personal injury action contending that the accident and plaintiffs’ injuries were caused by defendants’ failure to provide adequate warnings or instructions on the lacquer product.

The primary issue in this summary judgment motion is whether plaintiffs’ defective warning claims are preempted by the Federal Hazardous Substances Act…