Cummins v. BIC USA, INC.

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, JR., District Judge.

This matter is before the Court on Defendant BIC USA’s motion for summary judgment on the ground that Plaintiffs claims for product liability, breach of warranty, failure to warn, and violation of the Kentucky Consumer Protection Act are preempted by the Consumer Product Safety Act (“CPSA”), 16 C.F.R. 1210 (1993). For the reasons set forth below, Defendant’s motion is DENIED.

I.FACTS

This case involves the tragic combination of a child and a cigarette lighter. On December 17, 2004, three-year-old C.A.P. was dropped off at his…