Sprietsma v. Mercury Marine Dissent Corrected

The issue in this case is. whether the Federal Boat Safety Act of 1971 (FBSA) (46 U.S.C. § 4301 et seq. (1994)) preempts state common law causes of action based on the manufacturer’s failure to install propeller guards on boat engines. In July 1995, while boating in Tennessee, plaintiff’s decedent, Jeanne Sprietsma, fell from a motorboat and was struck by the motor’s propeller blades. As a result, she suffered serious injuries that resulted in her death. The boat was equipped with a 115-horsepower outboard motor, which did not contain a propeller guard. The motor was designed, manufactured,…