Legal Opinion
Carter v. Consolidated Rail Corp.
Ohio Court of Appeals
Decided February 10, 1998No. 97APE08-990PublishedCited by 4 opinions
1Opinion of the Court
Close, Judge.
This is an appeal from the Franklin County Court of Common Pleas granting summary judgment to defendant-appellee, General Motors Corporation, ElectroMotive Division (“GMC”), on a claim of negligence based upon product strict liability by plaintiffs-appellants, Carina Carter and Steven Korpieski. Summary judgment was based on federal law preemption by the Locomotive Boiler Inspection Act (“LBIA”), Section 23, Title 45, U.S.Code and/or the Federal Railroad Safety Act (“FRSA”), Section 20106, Title 49, U.S.Code (formerly Section 434, Title 45, U.S.Code).
Appellants bring two…
2Cases cited14 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Mitseff v. WheelerOhio Supreme Court · 1988
- Wing v. Anchor Media, Ltd.Ohio Supreme Court · 1991
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3Cited by4 opinions
- Scheiding v. General Motors Corp.California Supreme Court · 2000
- Norfolk Southern Railway Co. v. BogleOhio Court of Appeals · 2006
- Union Pacific Railroad v. Motive Equipment, Inc.Court of Appeals of Wisconsin · 2006
- Scheiding v. General Motors Corp.California Supreme Court · 2000