Perry v. A.W. Chesterton, Inc.

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

I. BACKGROUND

Before the Court is the Rule 12(b)(6) Motion to Dismiss of Defendant Railroad *671Friction Products Corporation (“Defendant” or “RFPC”).

Plaintiff Alice Perry, as administratrix and in her own right, (“Plaintiff’ or “Mrs. Perry”), asserts that her husband (“Decedent” or “Mr. Perry”) developed asbestos-related injuries while installing and removing RFPC brake shoes located on various types of railcars. RFPC argues that Plaintiffs complaint should be dismissed because her claims are preempted by the Locomotive Inspection Act (“LIA”), 49…