Moore v. Brunswick Bowling & Billiards Corp.

joined by HIGHTOWER and HECHT, Justices.

I respectfully dissent. Although I agree that state law tort claims based on the failure to install a propeller guard are not expressly preempted by the Federal Boat Safety Act, I believe that they are impliedly preempted. Therefore, I would affirm the judgment of the court of appeals.

Because state jury damage awards can have an indirect regulatory effect, we must examine whether Moore’s claim that the boat was defectively designed because it lacked a propeller guard is nevertheless impliedly preempted because it conflicts with the purposes of the Act…