MacMillan v. Redman Homes, Inc.

OPINION

PEEPLES, Justice.

In this wrongful death and personal injury suit, plaintiffs appeal from an order sustaining special exceptions and dismissing their case for failure to state a cause of action. Plaintiffs contend that the air inside their mobile home contained unsafe levels of formaldehyde gas. The dismissal rests on the ground federal law preempts claims for damages caused by too much formaldehyde in the ambient air. The federal formaldehyde standards focus on the emissions from component products; plaintiffs want to litigate the level of emissions in the ambient air of the home, an…