Derby v. Brenner Tank, Inc.

Brenner Tank, Inc., appeals the denial of its summary judgment motion in a lawsuit alleging Brenner's liability for design defects in its manufacture of a tank trailer. Brenner's motion is premised on federal preemption of state common-law tort liability in the area of vehicle safety equipment. We reject Brenner's preemption argument and affirm the order denying summary judgment.

Plaintiffs, Byron and Alice Derby, assert claims of negligence and strict liability arising from an accident in which their vehicle struck and then underrode the side of a stainless steel milk tank trailer, after the…