Moore v. Brunswick Bowling & Billiards Corp.

in which GONZALEZ, DOGGETT, GAMMAGE, SPECTOR and ENOCH, Justices, join.

This ease presents the question of whether the Federal Boat Safety Act, 46 U.S.C. §§ 4301-4311, preempts a state law tort claim that a boat was defective because it lacked a propeller guard. We hold that such claims are neither expressly nor impliedly preempted by the Act. Therefore, we reverse the judgment of the court of appeals and remand to the trial court for further proceedings.

On May 4,1986, Petitioner Shannon Moore was swimming in the San Bernard River in Brazoria County when she was struck by the propeller of a…