Legal Opinion · Dissent

Turner v. Pfs Corporation

Supreme Court of Alabama

Decided October 13, 1995No. 1931169Published

1DissentMaddox, Justice

The sole issue on this appeal is whether the doctrine of federal preemption applies to the plaintiffs claim that he was injured because of the faulty design and manufacture of a mobile home that was certified as meeting all of the requirements of the HUD regulations and requirements. The trial court held that the plaintiffs state law tort claims against the defendant were subject to federal preemption, and it entered a summary judgment in favor of PFS. Because I believe the trial court’s holding was correct, I must respectfully dissent.

The plaintiffs main argument on appeal is that his state…

2Cases cited3 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Tuscaloosa County Com'n v. Deputy SheriffsSupreme Court of Alabama · 1991
  3. Welsh Ex Rel. Welsh v. Century Products, Inc.District Court, D. Maryland · 1990

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